Rajnish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9952 of 2016 Arising Out of PS.Case No. -87 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================
1. Rajnish Kumar Son of Jang Bahadur Singh @ Jang Bahadur Paswan resident of Mohalla - Narsaliganj, P.S. Bihar, District - Nalanda .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Samir Kumar Sinha For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks anticipatory bail in Bihar P.S. Case No.87 of 2015 instituted for the offences under Sections 147, 149, 324, 341, 379 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation has been made that accused persons were putting Bamboo in the land. When informant and others have objected specific allegation has been made against the petitioner to have taken out the country made pistol and fired upon the informant.
Learned counsel for the petitioner submits that it is his land and they illegally wanted to take possession over the
Patna High Court Cr.Misc. No.9952 of 2016 (2) dt.03-03-2016 land. There is a case and counter case from both sides. He further submits that while the informant was in Hospital an FIR was lodged after a long delay so there is every chance of manipulation.
There is specific allegation against the petitioner to have taken out the country made pistol and fired upon the informant causing injury to him. .
In such view of the matter, this Court is not inclined to enlarge the petitioner on anticipatory bail. Accordingly the prayer for bail is rejected. However, if the petitioner surrenders before the court below within a period of three weeks, the court below will pass an order on its own merit without being prejudiced by the order passed by this Court. . (Shivaji Pandey, J) Vinay/- U T