Patna High CourtCR. MISC./36954/2017dismissed

Anish Kumar Gupta v. The State Of Bihar

2017-10-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36954 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Anish Kumar Gupta, Son of Mishri Lal Prasad @ Mishri Lal Sah, Resident of Village -Halimpur, P.S. Sahebganj, District-Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suraj Narain Yadav, Advocate For the Opposite Party/s : Mr. Manoj Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sahebganj P.S. Case No. 04 of 2017 instituted for the offence under Section 392 of the Indian Penal Code and Section 27 of the Arms Act. It is alleged in the written report that on the date of occurrence when the informant was returning to his house by Motorcycle after closing his jewellery shop, three persons stopped him and made firing. The informant sustained injury in his abdomen. The informant identified this petitioner and Ajay Sahni who had made firing on him.

Case diary has been received.

The injury report is available in the case diary wherein the Doctor has found firearm injury in the abdomen of the

Patna High Court Cr.Misc. No.36954 of 2017 (3) dt.09-10-2017 2/2 informant.

The counsel for the informant has appeared and submitted that prayer for regular bail of another co-accused Ajay Sahni who has been identified by the informant along with this petitioner, has been rejected by a coordinate Bench of this Court vide order dated 18.09.2017 passed in Cr. Misc. 38550 of 2017. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which shall be disposed off by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T