Patna High CourtCR. MISC./12611/2024bail rejected

Pintu Sahani @ Pintu Sahni @ Rahul Kumar v. The State Of Bihar

2024-04-23Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12611 of 2024 Arising Out of PS. Case No.-357 Year-2017 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Pintu Sahani @ Pintu Sahni @ Rahul Kumar S/o Nagendra Sahni R/o ward no. 27, Haziyapur, P.S. - Gopalganj (Town), Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Irshad Ahmad Khan, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Gopalganj (Town) P.S Case No. 357 of 2017 (S.T. No. 662 of 2023) from the Court of learned Additional District and Sessions Judge-XII, Gopalganj registered for the offences punishable under Sections 302 of the I.P.C and 27 of the Arms Act.

3. As per prosecution case, it is alleged that petitioner has killed the brother of the informant by firing with a pistol.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 29.04.2023

Patna High Court CR. MISC. No.12611 of 2024(4) dt.23-04-2024 2/2 and petitioner has got no criminal antecedent as stated in para 3 of the petition.

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

6. In view of the allegation, FIR, case dairy, impugned order it appears that there is direct allegation of firing against the petitioner upon the brother of the informant in presence of their family members and on perusal of the postmortem report it reveals that cause of death is due to hemorrhage and shock due to chest injury caused by firearm, postmortem report supports the version of FIR, petitioner is named in FIR and considering all aspects of this case this Court is not inclined to grant bail to the petitioner.

7. Hence, the prayer of regular bail of the petitioner is hereby rejected.

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