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Patna High CourtCR. MISC./7299/2022bail rejected

Bablu Kumar @ Shashank Kumar v. The State Of Bihar

2022-08-02Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7299 of 2022 Arising Out of PS. Case No.-486 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

Bablu Kumar @ Shashank Kumar Son Of Arvind Kumar Singh Resident Of Village- Soni, P.S.- Daudnagar, District- Aurangabad (BIHAR) 2.

Manish Kumar Son Of Arvind Kumar Singh Resident Of Village- Soni, P.S.- Daudnagar, District- Aurangabad (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioners :

Ms/Mrs. Leelawati Kumari, Advocate For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-08-2022 Heard learned counsel for the parties.

Petitioners apprehend arrest in a case registered for offence punishable under sections and other ancillary sections 307/34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, petitioners and other accused persons went to the shop of the informant and on the point of pistol they snatched Rs.30,000/-. Petitioner no.1 is alleged to have fired on one Sanoj Kumar Singh and petitioner no.2 is alleged to have fired causing injury on the thigh of the informant.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. He submits

Patna High Court CR. MISC. No.7299 of 2022(2) dt.02-08-2022 2/2 that in fact petitioners have not fired on the informant side rather the injured persons sustained injuries from bullets fired by co-accused Ashok Singh who had fired on co-accused Dablu Kumar. Informant and his associates are involved in extortion and other criminal activities in which co-accused Dablu Kumar was killed for not giving extortion money to them. Learned counsel appearing for the State opposes the prayer for bail. He submits that there is direct and specific allegation against the petitioners that they opened fire causing fire arms injuries to three persons which were found to be grievous in nature. Petitioners have got criminal antecedent. In view of the nature of allegation, prayer for bail of the petitioners is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T