Shamsher @ Shamsher Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8270 of 2018 Arising Out of PS.Case No. -177 Year- 2017 Thana -HAZIPUR INDUSTRIAL District- VAISHALI (HAJIPUR) ======================================================

1. Shamsher @ Shamsher Singh, son of Shyam Babu Rai, Resident of Village- Hilalpur Madarpur, P.S.- Hajipur, Industrial Area, DistrictVaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-02-2018 Heard both sides.

The petitioner apprehends his arrest in Hajipur Industrial Area P.S. case No. 177 of 2017 for the offences punishable under Section 341, 307/34 of the Indian Penal Code and under Section 27 of the Arms Act.

The informant alleged that while he was returning to his house after dropping his son to his school the petitioner and others surrounded him and on the order of Dharmendra Kumar the petitioner fired which hit on his hand.

The learned counsel for the petitioner submits that petitioner has got no criminal antecedent and the informant got enmity with Dharmendra Kumar and not with petitioner. The

Patna High Court Cr.Misc. No.8270 of 2018 (2) dt.17-02-2018 2/2 injury found on the person of informant is simple in nature but it appears from perusal of the injury report that the informant got as many as three pellet injuries. Of course, the injuries are simple in nature but it was the petitioner who is alleged to have fired. Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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