IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.32491 OF 2008 SATYENDRA PANDEY S/O SHIVJEE PANDEY R/O VILLAGE BAHORANPUR P.O. BAHORANPUR P.S. SHAHPUR, DISTRICT - BHOJPUR VERSUS STATE OF BIHAR ----------- 2. 30.09.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under Sections 147, 148, 149, 341, 324, 307 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioner is that on the order of co-accused Shivji Pandey this petitioner fired on the informant which hit his back from the one side and the bullet came out from the other side. It is submitted on behalf of the petitioner that in fact the present FIR has been lodged by way of counter blast to earlier FIR lodged a day earlier by one Arbind Kr. Singh for the offence under Sections 307, 379 of the Indian Penal Code and 27 of the Arms Act against the co-accused Ajay Pandey and the said case upon investigation was found true and accordingly, charge sheet was submitted in the said case. Police while - 2 - submitted the charge sheet observed that the present FIR which was lodged later on was not genuine and the accused persons in the said case have been implicated falsely. Learned counsel for the State submits that there is no specific allegation of assault on the part of this petitioner causing serious injury and the case is still under investigation and, as such, the petitioner is not entitled to privilege of anticipatory bail. Considering the submission of the parties and the allegation made in the FIR as contained in Annexure- 1 as well as the other documents brought on record, I am not inclined to grant bail to the petitioner. Accordingly, the same is rejected. If the petitioner on surrender before the court below makes an application for bail, the same will be considered on its own merits without being prejudiced by the order of this court. Jagdish/- (Shailesh Kumar Sinha,J)