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Patna High CourtCR. MISC./50657/2019rejected

Sulo Sada v. The State Of Bihar

2019-08-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50657 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- BELDOUR District- Khagaria ====================================================== SULO SADA, Aged about 35 years, Male, S/o Late Tano Sada, R/o village Bishanpur, P.S.- Beldour, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-08-2019 Heard both sides.

Petitioner apprehends his arrest in Beldour P.S. Case No.67 of 2019, registered under Sections 307/34 of the Indian Penal Code and 25(1-b)a, 26, 27 and 35 of the Arms Act. The petitioner is alleged to have fired causing injury on the shoulder of the informant and fled away leaving the fire arm on the spot.

Learned counsel for the petitioner submits that from the injury report, it would appear that the injury is simple in nature and there is no repetition of firing, therefore, the petitioner deserved anticipatory bail but I find that there is specific allegation of firing against the petitioner and the doctor also found one fire arm injury on right shoulder. Since no bony injury was found on account of piercing of the pellet, the doctor

Patna High Court CR. MISC. No.50657 of 2019(2) dt.14-08-2019 2/2 opined the injury to be simple in nature.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U T