Maheshwar Sah @ Mahesh Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.43588 of 2016 (2) dt.24-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43588 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Maheshwar Sah @ Mahesh Sah Son of late Jago Sah Resident of VillageKharhat, Police Station- Sahebpur Kamal in the district of Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhu Narayan Sharma, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.03.2016 in connection with Sahebpur Kamal P.S. Case No. 44 of 2016 for the offences alleged under Sections 341, 323, 324, 307 of the Indian Penal Code and 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated as the firing was caused accidentally. The injury report dated 01.06.2016 (Annexure-5) discloses the injuries to be simple in nature. The petitioner claims clean antecedents.

4. A perusal of the injury report (Annexure-5) discloses three firearm injuries. Injury no. 2 being on the vital part of the body shows entry and exit wound on the neck which was dangerous to life. Injury no. 3 shows firearm injury with exit wound

Patna High Court Cr.Misc. No.43588 of 2016 (2) dt.24-10-2016 in lower abdomen.

5. Having regard to the nature of accusations, gravity of the offence alleged and the nature of injuries, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed.

(Vikash Jain, J) Md. Ibrarul/Chandran U T