Kapuri Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11879 of 2024 Arising Out of PS. Case No.-393 Year-2023 Thana- ATHMALGOLA District- Patna ====================================================== Kapuri Singh S/O Sri Krishan Singh R/O Village- Mogalpura,Ps. Bakhtiyarpur, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyanka Singh, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Athmal Gola P.S. Case No. 393 of 2023 registered for the offence under Sections 147, 148, 149, 341, 307 and 326 of the IPC and Section 27 of the Arms Act.

3. As per allegation in the FIR, petitioner shot fired upon the person of the victim.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner is in custody since 06.12.2023.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. On perusal of the FIR, case diary along with injury

Patna High Court CR. MISC. No.11879 of 2024(4) dt.25-04-2024 2/2 report and impugned order dated 18.01.2024, it appears that on the basis of typed report of the informant Umesh Kumar @ Umesh Yadav FIR was registered against 9 accused persons including the present petitioner. It also appears on perusal of FIR and case diary that there is specific allegation against the petitioner of causing gun shot injury to the victim Bhagwat Singh on his body, neck and other places and it also appears from para 2 of the case diary that 5 empty cartridges recovered from the place of occurrence. So, this is a serious allegation against this petitioner, therefore, I am not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner is hereby rejected.

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