Ram Hari Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54415 of 2019 Arising Out of PS. Case No.-181 Year-2019 Thana- BALIYA District- Begusarai ====================================================== RAM HARI SAH Son of Brahmdeo Sah Resident of Village- Bahaddur Nagar, P.S.- Mufassil, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ballia P.S. Case No. 181 of 2019, registered under Sections 324, 326 and 307 of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of Chief Judicial Magistrate, Begusarai.

The accusation is that in the evening of 20.05.2019, informant, Dharmendra Sah, was going to village Ramzanpur boarding on bicycle and when he reached at Mirailipur Dhaba then his villagers, Ram Hari Sah came on motorcycle and talked him and proceeded towards Balia but at short interval, he fired at him and fled away with his motorcycle.

Patna High Court CR. MISC. No.54415 of 2019(4) dt.16-11-2019 2/2 Learned counsel for the petitioner submits while allegation has been made against the petitioner is to shot fire at the informant but sign of firing was not found at the place of occurrence nor blood stain was found there.

On the other hand, learned counsel for the informant submits that two injuries were found on the person of the informant, which was caused by firearm.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T