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2021 Supreme(Pat) 438

AHSANUDDIN AMANULLAH
Vijendra Kumar @ Vijindra Kumar @ Vijay Rai @ Bijindra Kumar – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Ravish Mishra, Advocate, Humayou Ahmad Khan, Advocate

JUDGMENT

Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing.

2. Heard Mr. Ravish Mishra, learned counsel for the petitioner and Mr. Humayou Ahmad Khan, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with Baligaon PS Case No. 35 of 2020 dated 11.04.2020, instituted under Sections 341, 342, 307/34 and 120B of the Indian Penal Code and 27 of the Arms Act, 1959 (hereinafter referred to as the 'Act').

4. The allegation against the petitioner and others is of having fired at the informant, though specifically against the petitioner is of firing but without having hit anyone and against co-accused Dharmendra Yadav, it is of firing on the informant which hit him in the underarm and hand.

5. Learned counsel for the petitioner submitted that besides there being general and vague allegation against the petitioner, the only allegation is that he had fired but without hitting anybody. It was submitted that it has not even been stated where or on whom the petitioner had fired. Learned counsel submitted that the FIR itself it is contradictory as in the first portion it is stated that

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