Md. Anwar @ Md.Anwar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43864 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -BAKHTIYARPUR District- PATNA ======================================================

1. MD. ANWAR @ MD.ANWAR ALAM Son of Md. Akhtar, R/o VillageChakdaulat, P.S.- Bakhtiyarpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2017 Heard both sides.

The petitioner apprehends his arrest in Bakhtiyarpur P.S. case No. 105 of 2017 for the offences punishable under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

The informant alleged that while he was demolishing wall of his house, his step brother, the petitioner, asked him not to demolish the wall. The informant further alleged that petitioner assaulted him with butt of pistol and on the order of his brother-in-law the petitioner fired which hit on the elbow of left hand of the informant.

The learned counsel for the petitioner submits that injury is simple in nature. The doctor has opined about the injury

Patna High Court Cr.Misc. No.43864 of 2017 (2) dt.22-09-2017 2/2 that the same is likely to be caused by fire arm. Considering the fact that there is specific allegation against the petitioner that he fired which hit in elbow of the informant, although injury is simple in nature, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T