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Patna High CourtCR. MISC./49058/2017rejected

Hari Rai @ Hari Yadav v. The State Of Bihar

2017-11-27Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49058 of 2017 Arising Out of PS.Case No. -128 Year- 2016 Thana -MALSALAMI District- PATNA ====================================================== Hari Rai @ Hari Yadav son of Jagdip Rai, resident of Mohalla- Marufganj Paththar Ghat, P.S.- Malsalami, in the Town and District of Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhanesh Shankar Vidyarthi For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Malsalami P.S. Case No. 128 of 2016 registered under Sections 147, 148, 149, 341, 323, 337, 324, 307, 427 of the I.P.C. and 27 of the Arms Act pending in the Court of Judicial Magistrate, 1st Class, Patna City, Patna.

Submission is that petitioner is innocent and has falsely been dragged in this case. They have no concern with the alleged occurrence.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner with submission that there is direct allegation of firing against the petitioner with intention to

Patna High Court Cr.Misc. No.49058 of 2017 (3) dt.27-11-2017 2/2 kill the informant.

Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioner for anticipatory bail. Accordingly, this application is rejected.

(Arvind Srivastava, J) Shailendra/- U T