Vijay Jha @ Vijay Ojha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48904 of 2019 Arising Out of PS. Case No.-159 Year-2018 Thana- MAHUA District- Vaishali ====================================================== VIJAY JHA @ VIJAY OJHA Son of Ramjee Ojha Resident of Village - Kanhauli Saidpur, P.S- Mahua, Distt - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anish Chandra, Advocate For the Opposite Party/s :
Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner in the present case is seeking anticipatory bail in connection with Mahua P.S. Case No. 159 of 2018 registered for the offences punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that it is a false implication of the petitioner because of a land dispute, however, learned APP for the State, has, having gone through the case diary submits that there is specific allegation that this petitioner had been in possession of firearms and had fired from the same causing injury to the informant.
Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.48904 of 2019(3) dt.16-11-2019 2/2 where the petitioner is said to have fired from pistol causing injury to the informant and that he has one criminal antecedent, this Court is not inclined to extend privilege of anticipatory bail to the petitioner.
In case, the petitioner surrenders and prays for regular bail before the learned court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by the present order. (Rajeev Ranjan Prasad, J) avin/- U T