Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11789 of 2023 Arising Out of PS. Case No.-21 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== AMIT KUMAR Son of Ram Ashish Sahni @ Ram Aashish Shahni R/VDeopura, Samsa, P.s- Naokothi, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Archana Sinha, Adv.

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Section 302, 120(B),34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, while the father of the informant, namely, Ganesh Poddar (deceased) and Chandan Kumar went to Deopura Chauk by motorcycle, in the meantime, FIR named accused persons on two motorcycle came to the place of occurrence and accused Sanjeev Singh has shot fired to the father of the informant thereafter he entered into the house. It is further alleged that Sawet Kumar and petitioner have also fired incessantly as a result of which he sustained injury and he fell on the

Patna High Court CR. MISC. No.11789 of 2023(4) dt.12-09-2023 2/3 ground. When the informant went there to rescue his father, accused persons also opened fire upon him which got misfired. On hearing the sound of firing, villagers assembled there then they fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous enmity. There is no specific allegation of firing attributed to the petitioner. Petitioner has not motive to kill the informant or his father. Petitioner is languishing in judicial custody since 24.08.2022.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that during investigation, several witnesses have supported the prosecution case. As per postmortem report, deceased, Ganesh Poddar received four entry wounds caused by fire arm. Doctor opined cause of death due to fire arm injury.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.11789 of 2023(4) dt.12-09-2023 3/3

7. The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U