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Patna High CourtCR. MISC./18220/2021dismissed

Deepak Kumar v. The State Of Bihar

2021-12-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18220 of 2021 Arising Out of PS. Case No.-272 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== Deepak Kumar Son Of Kameshwar Pandit R/O Village- Bistaul, P.S.- Jehanabad (KARAUNA O.P.), District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate.

Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-12-2021 Heard the learned counsel for the petitioner and Shri Choubey Jawahar, the learned APP appearing for the State. The petitioner seeks regular bail in connection with Jehanabad P.S. Case No. 272 of 2020 for the offence punishable under Sections 326, 307, 120 (B), 302 of the Indian Penal Code and 27 Arms Act.

The petitioner is alleged to have fired on the neck of the victim, resulting in him being inflicted with grievous firearm injury.

The learned Senior counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner is languishing in

Patna High Court CR. MISC. No.18220 of 2021(3) dt.06-12-2021 2/2 custody since 11.6.2020, hence, he has already suffered a long incarceration, thus, a sympathetic view be taken. Per contra, the learned A.P.P. for the State, Shri Choubey Jawahar, has vehemently opposed the prayer for grant of regular bail.

I have heard the learned Senior counsel for the petitioner and the learned A.P.P. for State and this Court finds that the petitioner is the main assailant in as much as he has fired gun shot on the victim resulting in him sustaining grievous injury. The charge sheet has already been submitted by the police finding the case to be prima facie true. In such view of the matter, I do not find any reason to grant bail to the petitioner. Thus, the present petition stands dismissed. (Mohit Kumar Shah, J) Tiwary/- U T