Patna High CourtCR. MISC./32200/2016rejected

Akhauri Dhirendra Prasad @ Rintu Lal v. The State Of Bihar

2016-09-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32200 of 2016 Arising Out of PS.Case No. -107 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Akhauri Dhirendra Prasad @ Rintu Lal Son of Yogendra Prasad @ Shivjee Lal, Resident of Village- Chakwath, P.S - Behiyan, District- Bhojpur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Madan Jeet Kumar, Advocate.

For the Opposite Party : Mr. Madan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2016 Heard both sides.

The petitioner apprehends his arrest in Udwantnagar (Gajrajganj O.P.) P.S. Case No. 107 of 2016 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act. The informant alleged that he has got business rivalry with the petitioner while he was returning to his house on 12.02.2016 the petitioner and Manoj Yadav with one unknown waylaid the informant and made indiscriminate firing. The informant got three firearm injuries.

Learned counsel for the petitioner submits that the petitioner is innocent. The mobile location of the petitioner shows that his mobile was inside the town's jurisdiction. The petitioner

Patna High Court Cr.Misc. No.32200 of 2016 (3) dt.20-09-2016 2/2 was not even present at the place of occurrence. The informant has got criminal antecedent but it appears that the informant has made very specific allegation that it was the petitioner and two others who made indiscriminate firing and the informant received three firearm injuries. The informant being an injured identified the petitioner and said that the petitioner also made firing. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T