Arun Singh @ Arun Kumar Sharma @ Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10814 of 2020 Arising Out of PS. Case No.-335 Year-2019 Thana- DHANARUA District- Patna ====================================================== ARUN SINGH @ ARUN KUMAR SHARMA @ ARUN KUMAR Son of Baleshwar Singh Resident of Village-Nadwan, P.S-Dhanarua, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-09-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Sri Satyendra Narayan Singh, the learned APP for the State. The petitioner seeks regular bail in connection with Dhanarua PS case no. 335 of 2019 instituted for the offences punishable under Sections 326, 307 of Indian Penal Code and 27 of Arms Act.

The petitioner is alleged to have fired gun shots by his pistol on the chest of the father of the informant. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody

Patna High Court CR. MISC. No.10814 of 2020(5) dt.17-09-2020 2/3 since 17.08.2019. It is further submitted that the petitioner is an accused in one other case in which, he is on bail. It is further submitted that there is no injury report of P.M.C.H. on record, where the father of the informant is stated to have been treated, hence the injury itself, if any, sustained by the father of the informant, is doubtful, thus the petitioner is not having any complicity in the matter.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that despite several reminders, no injury report of PMCH has been made available to the police, investigating the case, hence it appears that there is no injury report worth its name and infact, in the case diary, the discharge ticket of one private B.P. Hospital has been annexed, however the description of the injuries has not been mentioned and it has been stated that the patient has been managed and thereafter, is being discharged, thus the genuineness of the alleged occurrence becomes doubtful. Consequently, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.10814 of 2020(5) dt.17-09-2020 3/3 amount each to the satisfaction of the concerned court at Masaurhi in connection with Dhanarua PS case no. 335 of 2019. (Mohit Kumar Shah, J) rinkee/- U T