Ranjay Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64810 of 2019 Arising Out of PS. Case No.-180 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== RANJAY OJHA Son of Daroga Ojha Resident of Village- Konhwa, P.S.- Gopalganj, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Gopalganj P.S. Case No. 180 of 2019 registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR petitioner is said to have fired at the deceased, who happened to be his brother. It further appears that due to money transaction there was dispute between them. Submission of learned counsel for the petitioner is that there is no eye-witness to the occurrence and deceased has not received any firearm injury, which will appear from the post mortem report and as a matter of fact deceased fell down and received injury.

Heard learned APP, who has opposed the prayer for

Patna High Court CR. MISC. No.64810 of 2019(2) dt.18-10-2019 2/2 anticipatory bail on the ground that FIR clearly disclosed that it is the petitioner who has fired and caused death to the deceased. In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on the basis of materials available in the case diary.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T