Pramod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5851 of 2023 Arising Out of PS. Case No.-224 Year-2022 Thana- TARARI District- Bhojpur ====================================================== Pramod Singh Son Of Babulal Singh Resident Of Village- Mahadeopur, P.S.- Tarari, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate Mr.Raju Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nand Kishore Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Tarari P.S. Case No. 224 of 2022 dated 18.10.2022 registered for the offences punishable under Sections 341, 323, 307, 504 and 506 read with 34 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, the petitioner and other co-accused persons started abusing and assaulting the informant. On the instigation of the co-accused Lal Babu Singh, the

Patna High Court CR. MISC. No.5851 of 2023(2) dt.05-05-2023 2/2 petitioner open fired on the informant which hit his leg. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel further submitted that the injured sustained injury on non-vital part of the body. Hence, no case u/s 307 is made out against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.10.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the injured sustained firearm injury and there is specific allegation of firing against the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Tarari P.S. Case No. 224 of 2022.

The application stands allowed.

atul/- (Chandra Prakash Singh, J) U T