Sanjay Gupta @ Sanjay Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68197 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- RAMGARHWA District- East Champaran ====================================================== Sanjay Gupta @ Sanjay Kumar Prasad S/o- Rameshwar Prasad R/o VillagePiparpati, P.S.- Ramgarhawa, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ramgarhawa P.S. Case No. 73 of 2019, registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of S.D.J.M., Raxul, Motihari, East Champaran.

The accusation is that the informant, Saddam Alam, and his brother, Shamim Alam were in the way of his house and when they reached near Keshri Hind Bandh, Karmullah Sai, Sanjay Gupta (petitioner) and 6 to 7 unknown stopped them. At that time, petitioner fired through country made pistol but the same was missed. Thereafter, Karmullah Sai gave repeated

Patna High Court CR. MISC. No.68197 of 2019(2) dt.19-11-2019 2/2 dagger blow at his brother, Shamim Alam and other unknown also caused injury through lathi. While his brother, Shamim Alam was rushed to M.J.K. Hospital, Bettiah, from where, he was referred to PMCH, Patna, where he died.

Learned counsel for the petitioner submits due to dispute in Panchayat election, as wife of the petitioner was also a candidate in Panchayat election this petitioner has falsely been implicated in the present case with allegation that while he shot fire at the deceased, brother of the informant but the same was missed.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T