Manikant Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41305 of 2018 Arising Out of PS. Case No.-138 Year-2015 Thana- MATIHANI District- Begusarai ====================================================== Manikant Rai S/o Ram Chandra Rai, R/o Shirniya Bishnupur, P.S.- Matihani, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner , learned APP for the State and learned counsel for the informant. Petitioner apprehends his arrest in Matihani P.S. case no. 138 of 2015 instituted for the offence under Section(s) 147,148,149,447, 341, 302,307 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

In the written report, there is specific allegation against this petitioner of causing fire arm injury to the brother of the informant on his back which passed through his chest and the brother of the informant fell down and died on the spot. Learned counsel for the petitioner has submitted that in paragraph nos. 46, 47 and onwards some independent witnesses have not stated about this petitioner making firing on the brother of the informant.

Patna High Court Cr.Misc. No.41305 of 2018(3) dt.16-08-2018 2/2 Case diary along with postmortem report has been received. The doctor has found fire arm injury in the postmortem report and opined the cause of death due to fire arm injury.

Leaned counsel for the informant has appeared and submitted that witnesses at various paragraphs of the case diary have supported that this petitioner made firing on account of which the brother of the informant died on the spot. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the Court below and make prayer for regular bail which shall be considered and disposed of on its own merit in accordance with law without being prejudiced by the present order.

(Sanjay Priya, J) shyambihari/- U T