Sanjeev Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3728 of 2017 Arising Out of PS.Case No. -55 Year- 2016 Thana -MAJORGANJ District- SITAMARHI ====================================================== Sanjeev Anand, Son of Sri Yugal Kishore Singh, Resident of Village-Amba Khurd, P.S. - Majorganj, District- Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashish Giri, Advocate Mr. Pranav Kumar, Advocate For the Opposite Party : Mr. Ajay Kumar Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 341, 302, 307, 323 and 504 of the Indian Penal Code and Section 27 of the Arms Act. It is alleged in the fardbeyan that this petitioner fired from his licensee rifle on the chest of Vinay Anand and one Yugal Kishore Singh fired from his illegal firearm on Vijay Anand, as a result of which Vijay Anand sustained firearm injury on his leg. Both the injured fell down. The informant and other villagers brought them to the hospital where doctor declared Vinay Anand to be dead and Vijay Anand was admitted in the private clinic for his treatment.

The Counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.3728 of 2017 (3) dt.22-02-2017 2/2 from perusal of para-45 of the case diary, it will appear that father of the informant has stated about a different place of occurrence. The counsel for the informant has submitted that both the parties are agnates and the houses of both are adjacent to each other.

Learned APP has submitted that in para-45 of the case diary, there is specific allegation against this petitioner of causing firearm injury on the chest of Vinay Anand, on account of which he died. In the postmortem report the doctor has found the cause of death due to firearm injury. Learned District & Sessions Judge-II, Sitamarhi has mentioned in impugned order that cartridges have also been recovered from house of this petitioner. In such circumstances, there is direct allegation against this petitioner of causing firearm injury. Therefore, this court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is hereby rejected.

(Sanjay Priya, J.) ravi/- U T