Abdul Hanan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26290 of 2025 Arising Out of PS. Case No.-132 Year-2025 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Abdul Hanan S/O Late Harun Rasid R/o village- Takiya Yakub, P.S.- Gopalganj Town, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

Mr. Md Danish Quamar, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP For the informant :

Mr. Thakur Brajesh Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-05-2025 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioner, the State as also Mr. Thakur Brajesh Singh representing the informant.

2. The petitioner apprehends his arrest in connection with Gopalganj Town P.S. Case No. 132 of 2025 for the offence registered under sections 126(2), 115(2), 109, 324(4), 3(5) of BNS, 2023 and Section 27 of Arms Act, 1959 lodged on 18.02.2025 by the informant, Sahmad Husain.

3. The allegation against the petitioner is of opening fire causing injury on the finger of the informant. This led to the FIR.

4. Learned counsel for the petitioner submits that there is counter version in which he has also sustained injury on

Patna High Court CR. MISC. No.26290 of 2025(2) dt.16-05-2025 2/2 the nose whereafter, he was shifted to Gorakhpur Hospital. It is unbelievable that a person who was injured can open fire.

5. Learned counsel for the informant has taken this Court to the learned Sessions Judge order to show that the Investigating Officer has recorded that he has gone through the CCTV footage which shows that the petitioner is leaving the place with a pistol in his hand.

6. This Court has taken note of the submissions of the parties as also the observations of the learned Sessions Judge in which injury has been found to be grievous in nature and the petitioner has also been seen in the CCTV footage by the Investigating Officer coupled with the fact that the petitioner has criminal antecedent of the same nature, no relief can be granted.

7. The anticipatory bail application stands rejected.

8. If the petitioner surrenders within a period of four weeks, the Court concerned shall take up the matter and dispose it of preferable on the same day.

(Rajiv Roy, J) Vijay Singh/- U T