Arvind Kumar @ Gorelal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9878 of 2022 Arising Out of PS. Case No.-37 Year-2020 Thana- NAGARNAUSA District- Nalanda ====================================================== ARVIND KUMAR @ GORELAL S/o- Late Ram Ugre Yadav Resident of Village- Moniyampur, P.S.- Nagarnausa, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Om Prakash Prasad, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

Considering the submission of learned counsel for the petitioner, learned counsel for the petitioner is permitted to make necessary correction in paragraph no.1 of the present bail petition.

The petitioner seeks bail in connection with Nagarnausa P.S. Case No. 37 of 2020 registered for the offence under Sections 341, 325, 307, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 15.12.2021.

Patna High Court CR. MISC. No.9878 of 2022(3) dt.15-11-2022 2/3 The allegation against the petitioner is to cause firearm injury to wife of informant along with other co-accused persons having intention to cause death, due to previous enmities, arises out of land dispute.

Learned counsel appearing on behalf of the petitioner submitted that alleged firing is on the non-vital part of the injured/victim, as such, it cannot be said that petitioner was under intention to cause death of injured/wife of the informant. It is further pointed out that nature of injury is simple. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP for the State, opposes the prayer of bail. Considering the facts and circumstances as mentioned above and by taking note of accusation, where, petitioner is in custody since 15.12.2021 coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Nagarnausa P.S. Case No. 37 of 2020, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.9878 of 2022(3) dt.15-11-2022 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T