Santosh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84167 of 2023 Arising Out of PS. Case No.-788 Year-2023 Thana- SONEPUR District- Saran ====================================================== SANTOSH RAI SON OF HARIBANSH RAI RESIDENT OF VILLAGERAHAR DIYARA P.S. SONEPUR, DISTRICT- SARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2024
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 452, 307, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Learned counsel for the opposite party no. 2, at the outset, submits that there is specific allegation against the petitioner of causing firearm injury to the injured who was treated at PMCH. It is further submitted that till date the cartridges have not been operated and taken out from the body of the injured for the reason that the Doctors are of the opinion that in the event if the cartridge is taken out from the body that may cause paralysis to the informant.
Patna High Court CR. MISC. No.84167 of 2023(3) dt.12-02-2024 2/2
4. Learned counsel for the petitioner submits that petitioner is own nephew of the informant and on account of dispute relating to the ancestral property, the present false case has been instituted.
5. Considering the submissions made by the learned counsel appearing on behalf of the opposite party no. 2 that there is specific allegation against this petitioner of causing firearm injury, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Sonepur P.S. Case No. 788 of 2023 pending in the Court of learned Chief Judicial Magistrate, Chapra/successor Court.
6. Accordingly, the prayer for anticipatory bail is rejected.
(Satyavrat Verma, J) Kundan/- U T