Birendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36390 of 2016 Arising Out of PS.Case No. -1325 Year- 2015 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Birendra Singh Son of Surajdeo Singh R/o Village- Rampur, P.S.- Sasaram (M), District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Siddharth Harsh For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-10-2016 Heard Sri Krishna Prasad Singh, learned senior counsel appearing on behalf of the petitioner, Sri Kumar Malendu, learned counsel for the informant as well as learned Additional P.P.

The petitioner apprehends his arrest in Sasaram (M) P.S. Case No. 1325/2015, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and 27 of the Arms Act.

The gist of the allegation is that the petitioner opened fire upon the informant but the shot hit on the leg of the wife of the informant.

Learned counsel for the petitioner submits that during

Patna High Court Cr.Misc. No.36390 of 2016 (3) dt.20-10-2016 2/2 course of the investigation many independent witnesses have stated that no firing has been made but the doctor found firearm injury on the person of Sobha Devi and the injury is opined to be grievous in nature.

Learned counsel for the informant opposed the prayer for anticipatory bail.

Considering the facts aforesaid and the fact that specific allegation is made against the petitioner that he fired upon the informant but his wife got injury in her leg which is grievous in nature, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Rakhi U T