Pramod Kumar @ Pagla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49598 of 2018 Arising Out of PS. Case No.-50 Year-2018 Thana- CHANAN District- Lakhisarai ====================================================== Pramod Kumar @ Pagla, S/o Daroga Yadav, R/o Vill.- Ward No. 10, P.S.- Surajgarha, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sevak Choudhary For the Opposite Party/s :

Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-01-2019 Heard learned Counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 326, 307/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case as per the fardbeyan of Mithu Kumar is to the effect that on 29.04.2018 when the marriage of the neighbour of the informant was being solemnized, the petitioner resorted to fire causing injury to the right knee of the informant. It is submitted by learned counsel for the petitioner that during the marriage celebration the firing was made, but it accidentally hit the right knee of the informant. There is no injury report on record. However, though a statement has wrongly been made in paragraph no.3 of the petition that the

Patna High Court Cr.Misc. No.49598 of 2018(5) dt.02-01-2019 2/2 petitioner is not having any criminal antecedent, but a supplementary affidavit has been filed to the effect that apart from the present case the petitioner is accused in two other cases.

Learned counsel for the petitioner is permitted to make necessary correction in paragraph no.3 of the petition. Learned counsel for the informant has placed reliance upon the injury report which suggests amputation of right leg of the informant and that the nature of injury is grievous. Considering the accusation being corroborated with the medical report, this Court is not inclined to grant privilege of anticipatory bail to the above named petitioner in connection with Chanan P.S. Case No. 50 of 2018, pending in the Court of learned A.C.J.M. 1st, Lakhisarai.

Accordingly, the prayer for anticipatory bail of the petitioner above named, is rejected.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T