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Patna High CourtCR. MISC./37022/2017dismissed

Shiv Shankar Rai v. The State Of Bihar

2017-08-10Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.37022 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37022 of 2017 Arising Out of PS.Case No. -231 Year- 2017 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Shiv Shankar Rai, Son of- Late Siya Prasad Rai, Resident of VillageBilandpur, P.S.- Runni Saidpur, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Runni Saidpur P.S. Case No. 231 of 2017 instituted for the offence under Sections 341, 323, 307, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per written report there is specific allegation against this petitioner of firing from pistol which hit below the waist of the informant in his penis and he fell down. It is further alleged that when father of the informant Dinesh Rai came to save, he also sustained firearm injury in his left leg caused by Prakash Rai and he fell down. Thereafter, younger brother of the informant Rakesh Kumar started running away, but he was also injured on account of firing made by Uma Shankar Rai which hit near his left

Patna High Court Cr.Misc. No.37022 of 2017 (2) dt.10-08-2017 ear (Kanpatti).

The injury report of the informant Mukesh Kumar @ Mukesh Rai, and two other injured namely Rakesh Kumar and Dinesh Rai is enclosed as Annexure-2 series. The Doctor has found 2 x 2 cm. penetrating injury over dorsum of penis at base caused by gun shot.

In such circumstances, 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.

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