Chhote Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9660 of 2023 Arising Out of PS. Case No.-193 Year-2022 Thana- MANPUR District- Nalanda ====================================================== CHHOTE SINGH S/O Late Makhan Singh R/O Village- Allaudiya, P.SManpur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 447/34 of the IPC and Section 27 of the Arms Act. As per FIR, the allegation against the petitioner along with co-accused persons is that they armed with pistol and lathi, danda came at the home of the informant and started assaulting upon them. It is further alleged that petitioner fired upon brother of the informant due to which his brother sustained injury. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous land dispute.

Patna High Court CR. MISC. No.9660 of 2023(3) dt.08-05-2023 2/2 It is further submitted that the petitioner is languishing in judicial custody since 03.08.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemenlty opposed the prayer of regular bail and submitted that there is specific allegation of assaulting leveled against the petitioner due to which informant's brother sustained injury on his chest. It is further submitted that as per injury report which is annexed with case diary in which doctor opined cause of injury due to firearm which is grievous in nature.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of opening fire upon the brother of the informant due to which his brother sustained grievous injury on his chest, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manish/- U T