Sanjay Shahi @ Gurucharan Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43473 of 2019 Arising Out of PS. Case No.-350 Year-2018 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Sanjay Shahi @ Gurucharan Shahi, Son of Chhabila Shahi @ Ramchabila Shahi Resident of Village-Balathari, P.S.-Kuchaikote, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Kuchaikote P.S. Case No.350 of 2018 for the offence punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioner is that while the informant was returning home, three persons along with petitioner intercepted him and petitioner fired upon the informant which the informant evaded however, another accused persons, namely, Niranjan Shahi fired upon the petitioner and due to this firing, the petitioner received fire arm injury near the back of the arm. Learned counsel for the petitioner submits that the parties are agnates and there is a case pending between the parties. Learned counsel further submits that the alleged firing made by the

Patna High Court CR. MISC. No.43473 of 2019(2) dt.16-07-2019 2/2 petitioner did not hit to the informant and no injury has been caused due to the fire allegedly made by the petitioner. Learned counsel submits that the sister of the petitioner had lodged an informatory petition prior to the date of the occurrence apprehending false implication of the family members of the petitioner. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the alleged firing did not cause any injury to the informant and there appears to be previous dispute between the parties and the parties are agnates, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner is directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by the petitioner, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.

(2) of Cr.P.C.

sanjeev/- (Anil Kumar Sinha, J) U T