Putul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16797 of 2024 Arising Out of PS. Case No.-236 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Putul Kumar Son of Sinodh Singh Resident of Village- Maudah Dih, P.S. Patepur (Harlochanpur), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Patepur (Harlochan) P.S. case No. 236 of 2023 instituted for the offences under Sections 341, 323, 324, 307, 427, 353, 379, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

3. Prosecution case, in short, is that three accused persons including this petitioner assaulted the informant. It is further alleged that this petitioner fired on the informant but the shot missed him.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to village politics. The allegation against the

Patna High Court CR. MISC. No.16797 of 2024(2) dt.13-03-2024 2/2 petitioner is that he assaulted the informant with the butt of the pistol. Learned counsel further submitted that no any firearm injury has been found on the body of the informant and the injuries sustained by the informant are simple in nature, hence, Section 307 of the Indian Penal Code and Section 27 of the Arms Act is not applicable. The co-accused Shivam Kumar has been granted bail by the Court below. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.12.2023 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patepur (Harlochan) P.S. case No. 236 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T