Patna High CourtCR. MISC./23482/2018dismissed

Baleshwar Sah @ Baleshwar Kumar Jaiswal v. The State Of Bihar

2018-08-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23482 of 2018 Arising Out of PS. Case No.-639 Year-2017 Thana- BAGHA District- West Champaran ====================================================== Baleshwar Sah @ Baleshwar Kumar Jaiswal, S/o Ramashankar Sah, R/o Village- Narayanapur, Chiran Tola, P.S.- Bagha (Patkhauli), District- West Champaran , Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Ranjan, Advocate For the Opposite Party/s :

Smt. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Bagha (Patkhauli) P.S. Case No. 639 of 2017 instituted for the offence under Sections 341,323,307,504,506 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged in the written report that this petitioner caused fire-arm injury in the abdomen of the informant. The informant fell down and bleeding took place. The case diary was called for and received, wherein, doctor has found injury on the abdominal wall of the informant, grievous in nature. Learned APP for the State has submitted that in this case process under Section 83 Cr.P.C. has already been issued against the petitioner and the same has already been executed

Patna High Court Cr.Misc. No.23482 of 2018(3) dt.24-08-2018 2/2 which is evident from paragraph 95 of the case diary. In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. This anticipatory bail petition stands rejected.

The petitioner is directed to surrender in the court below within six weeks from today and seek regular bail which will be considered by the court below in accordance with law and disposed off preferably on the same day, without being prejudiced by this order.

(Sanjay Priya, J) khushbu/- U T