Munna Choudhary @ Kamleshwar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47472 of 2017 Arising Out of PS.Case No. -181 Year- 2017 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Munna Choudhary @ Kamleshwar Choudhary Son of Sri Patiram Choudhary @ Shivparsan Choudhary, R/o Village- Keshopur Pakari, P.S.- Udwantnagar, in the District of Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar Sinha For the State : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Udwantnagar P.S. Case No. 181 of 2017 instituted for the offence under Section-307 & other minor Sections of the Indian Penal Code and 27 of the Arms Act. There is specific allegation against this petitioner of causing fire-arm injury in the abdomen of son of the informant. It has been submitted on behalf of the petitioner that there is land dispute between the parties and occurrence has taken place on account of aforesaid land dispute.

The case diary has been received.

The injury report of son of the informant is available in the case diary wherein the doctor has found wound of entry over left lumbar region of abdomen of size 1/2" x 1/2" deep into abdominal cavity and no wound of exit. X-ray of abdomen was advised. The

Patna High Court Cr.Misc. No.47472 of 2017 (3) dt.27-11-2017 injured was referred to PMCH, Patna but the opinion was kept reserved as the X-ray was not made available.

As such, there is specific allegation against this petitioner of causing fire arm injury into abdomen of the son of the informant which finds support from the injury report.

In such circumstances, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected.

The petitioner is directed to surrender in the court below and seek regular bail which will be considered by the court below and disposed off on the same day in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) A.K.V./- U T