Patna High CourtCR. MISC./5384/2024rejected

Bambam Kumar @ Bambam Yadav v. The State Of Bihar

2024-04-04Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5384 of 2024 Arising Out of PS. Case No.-250 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== Bambam Kumar @ Bambam Yadav Son Of Maheshwar Yadav Resident Of Village - Vishahariya, Ward No.12, P.S. - Barhara, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Barhara P.S Case No. 250 of 2023 from the Court of learned A.C.J.M-IInd , Purnea registered for the offences punishable under Sections 394 of the I.P.C. and 27 of the Arms Act.

3. As per allegation in the FIR, petitioner has fired on the informant due to which he sustained gunshot injury.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is named in FIR It is also submitted that petitioner is in judicial custody since 23.06.2023 and petitioner has got two criminal antecedent as stated in para 3 of

Patna High Court CR. MISC. No.5384 of 2024(4) dt.04-04-2024 2/2 the petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. In view of the allegation it appears there is specific allegation against the petitioner who is identified by the informant-cum-injured when petitioner fired bullet on the informant which hit the informant, on perusal of case diary and injury report of the informant it appears there is one lacerated wound over right temporal region of the informant which is grievous in nature and injury caused by firearm and also considering the all aspect of this case this Court is not inclined to grant bail to the petitioner.

7. Hence, the prayer for regular bail of the petitioner is hereby rejected. However, the trial court is directed to conclude the trial within six month from the framing of the charge.

(Ramesh Chand Malviya, J) Mayank/- U T