Purshottaam Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62781 of 2018 Arising Out of PS. Case No.-165 Year-2018 Thana- DURAULI District- Siwan ====================================================== Purshottaam Rai, Son of Late Chandrabhan Rai, Resident of VillageDumrahar Khurd, P.S.- Darauli, Distt- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Sri Ramakant Sharma, Sr. Advocate Sri Rajesh Kumar, Advocate For the Opposite Party/s :

Sri Ramchandra Sahani, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-10-2018 Heard Sri Ramakant Sharma, learned senior counsel , assisted by Sri Rajesh Kumar, learned counsel for the petitioner , Sri Ramchandra Sahani, learned Additional Public Prosecutor and learned counsel for the informant. The sole petitioner apprehending his arrest in connection with Darauli P.S. Case No. 165 of 2018 registered for the offence under Sections 147/148/149/341 and 307 of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959 has prayed for grant of bail in the event of his arrest or surrender.

Patna High Court Cr.Misc. No.62781 of 2018(2) dt.08-10-2018 2/3 Learned senior counsel for the petitioner at the very outset has drawn my attention to the statement made in paragraph - 7 of the petition to show that land dispute in between the parties was going on since long . One Title Suit No. 172 of 1973 was already decided against the informant's side of the present case. He further has drawn my attention to injury report i.e. Annexure- 2 to the petition to show that of -course in the F.I.R. it was alleged that this petitioner fired from rifle but injury report suggests that it was stab injury and doctor opined that injury was caused due to sharp cutting weapon. On aforesaid grounds a prayer has been made for granting anticipatory bail.

Learned Additional Public Prosecutor as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail. By way of referring to the F.I.R. it has been argued that there is specific accusation against the petitioner that he fired from his rifle in the occurrence . Besides hearing, I have perused the material available on record particularly the seizure list which has been enclosed with the F.I.R. The seizure list suggests that at the place of occurrence indiscriminate firing was made. In view of specific accusation against the petitioner, there is no reason to

Patna High Court Cr.Misc. No.62781 of 2018(2) dt.08-10-2018 3/3 entertain the prayer for grant of anticipatory bail. The petition stands dismissed.

(Rakesh Kumar, J) praful/- U T