Narendra Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60218 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -GAURICHAK District- PATNA ======================================================

1. Narendra Kumar, S/o Surya Nath Singh,

2. Santosh Kumar, S/o Bhirgunath Singh, Both are resident of Village- Taranpur, P.S.- Gaurichak, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Harendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-02-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Gaurichak P.S. Case No. 18 of 2017 instituted for the offence under Sections 307, 147, 148, 149, 341, 342, 323, 324, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. It is alleged in the Fardbeyan that petitioner No. 1 caused fire arm injury in the abdomen of the informant and petitioner No. 2 caused firearm injury in the right finger of the informant.

The counsel for the petitioner has submitted that the instant case is counter blast of Gaurichak P.S. Case No. 19 of 2017, lodged by petitioner No. 1 against the informant and others.

Patna High Court Cr.Misc. No.60218 of 2017 (4) dt.06-02-2018 2/3 Navin Kumar Singh has also filed Gaurichak P.S. Case No. 28 of 2017 against the prosecution party. Ram Ishwar Das has also lodged SC/ST Patna P.S. Case No. 2 of 2017. The First Information Report of all three cases have been annexed as Annexure-2, 3 and 4.

Learned counsel for the informant has appeared and submitted that Annexure 2 to 4 are the subsequent First Information Report filed by men of the petitioners to create defence.

The case diary has been received.

The injury report is available in case diary. The petitioners have also enclosed injury report as Annexure-7 which shows that informant has suffered total four injuries, including injury on the abdomen, right finger and over lower lip. The bullet was seen in abdomen region. The injury No. 2 and 3 were found grievous. The doctor has found injury No. 1 caused by firearm. The doctor has however opined the aforesaid injury to be simple. Injury Nos. 2 and 3 on the right finger was found to be grievous in nature caused by firearm. Therefore, this Court is not inclined to grant anticipatory bail to the petitioners.

Prayer for bail of the petitioners stands rejected.

Patna High Court Cr.Misc. No.60218 of 2017 (4) dt.06-02-2018 3/3 Petitioner may surrender before the Court below and make prayer for regular bail.

(Sanjay Priya, J) S.Ali/- U T