Sipahi Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52938 of 2017 Arising Out of PS.Case No. -153 Year- 2011 Thana -DEORIYA District- MUZAFFARPUR ======================================================

1. Sipahi Sahni, son of Sri Bijali Sahani, resident of village-Dharfari, Police Station-Deoriya, District-Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Upendra Kumar Chaubey, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 10-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Deoriya P.S. Case No.153 of 2011 instituted for the offence under Section(s) 302 and other allied Sections of Indian Penal Code and Section 27 of the Arms Act pending in the Court of the Judicial Magistrate, 1st class, Muzaffarpur.

In the written report, it is alleged that this petitioner along with other accused persons dragged the informant and brought him on Soaling Road and assaulted him with bricks on his head. After giving order to kill the informant, the petitioner went to the father of the informant and forcibly dragged him from the Darwaja to the Soaling Road along with other accused

Patna High Court Cr.Misc. No.52938 of 2017 (5) dt.10-05-2018 2/2 persons and caused his death at the spot by making indiscriminate firing in his chest and other parts of the body as mentioned in the written report.

Case diary has been received. Learned APP has submitted that the doctor in post mortem has found as many as five injuries on the person of the deceased caused by fire arm and one of the injuries on the person of the informant was found to be grievous.

In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T