Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17285 of 2024 Arising Out of PS. Case No.-321 Year-2023 Thana- FATUA District- Patna ====================================================== Pintu Kumar S/o Kaushlendra Singh @ Kauleshwar Singh, Resident of Village- Baruna, P.S.- Fatuha, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Mani, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-04-2024 Heard Mr. Mayank Mani, the learned counsel for the petitioner, the learned counsel for the informant and Ms. Rina Sinha, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 24.11.2023 in connection with Fatuha P.S. Case No. 321 of 2023, FIR dated 01.05.2023, registered for the offences punishable under Sections 323, 341, 302, 120(B) and 504 read with Section 34 of the Indian Penal Code and under Section 27 of the Arms Act.

3.

According to the prosecution case, the petitioner along with four other co-accused persons assaulted the informant's brother and one Sonu Kumar fired with his pistol and the bullet hit in the neck of the informant's brother, Pintu

Patna High Court CR. MISC. No.17285 of 2024(3) dt.19-04-2024 2/3 Kumar (petitioner) fired and the bullet hit on the right chest of the informant's brother and Ajay Kumar fired and the bullet hit on the right arm of the informant's brother and he died on the spot.

4.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case due to admitted land dispute and the allegation levelled in the FIR is false and fabricated.

5.

The learned counsel for the informant as well as the learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that upon perusal of the FIR it appears that there is direct and specific allegation against the petitioner that he has fired upon the victim and apart from that the postmortem report of the victim also supports the allegation levelled in the FIR against the petitioner. He also submits that petitioner carries one criminal antecedent other than the present one, however, he fairly admits that petitioner is on bail in the pending matter.

6.

Considering the aforesaid facts and circumstances and the fact that there is direct and specific allegation against the petitioner supported by medical evidence, I am not inclined

Patna High Court CR. MISC. No.17285 of 2024(3) dt.19-04-2024 3/3 to enlarge the petitioner on bail in connection with Fatuha P.S. Case No. 321 of 2023, pending in the Court of learned Additional Chief Judicial Magistrate-I, Patna City. 7.

Prayer is refused.

(Rajesh Kumar Verma, J) Shahnawaz/- U T