Patna High CourtCR. MISC./15882/2021bail rejected

Tinku Pandey v. The State Of Bihar

2021-09-14Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15882 of 2021 Arising Out of PS. Case No.-75 Year-2020 Thana- BARHAT District- Jamui ====================================================== TINKU PANDEY Son of Shankar Pandey Resident of Village- Guguldih, P.S.- Barhat, District- Jamui.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the State :

Mr. Md. Najir Ansari, APP For the Informant :

Mr. Rajesh Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case the petitioner is stated to have fired from his pistol hitting the father of the informant in his chest.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The injured has not been examined. There is delay in preparation of the injury report. There is no eye-witness to the occurrence. The

Patna High Court CR. MISC. No.15882 of 2021(3) dt.14-09-2021 2/2 petitioner is in custody since 11.6.2020 and charge sheet has been submitted in the case.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that there is direct allegation against the petitioner of having shot at the father of the informant which is supported from the injury report which has come in course of investigation.

Having heard learned counsel for the parties and taking into consideration the contents of the FIR as also the injury report of the father of the informant wherein firearm injury has been found on his chest and is stated to be grievous in nature, the same being directly attributable to the petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Prakash/- U