Sunil Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46509 of 2017 Arising Out of PS. Case No.-366 Year-2017 Thana- HAJIPUR District- Vaishali ====================================================== Sunil Sahani, S/o Shivnath Sahani, Village- Nakhash, P.S. Hajipur Town, Distt.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. SRI NARSINGH TANTI ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Hajipur Town P. S. Case No. 366 of 2017 registered for the offences punishable under Sections 147, 148, 341, 324, 307, 506 of the Indian Penal Code and Section 27 of the Arms Act. Allegedly, at first Manish Sahni opened fire with pistol causing firearm injury in the stomach of the father of the informant and thereafter, again he shot which caused injury in the buttock and the petitioner opened fire which caused injury in the stomach, resulting, the father of the informant fell down and then the accused persons fled away.

Submission is of false implication and that in the case diary no injury report is attached, only O.D. slip is attached,

Patna High Court Cr.Misc. No.46509 of 2017(3) dt.17-10-2017 2/2 against the petitioner there is no specific allegation, due to land dispute the occurrence has taken place and as such the petitioner deserves sympathetic consideration.

Learned APP seriously opposes the prayer of pre-arrest bail.

In the facts and circumstances stated above, considering that against the petitioner there is specific allegation for causing firearm injury in the stomach of the father of the informant and from O.D. Slip it reveals that patient Shyam Babu Paswan came to Sadar Hospital, Hajipur with firearm injury and as such, this Court is not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T