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Patna High CourtCR. MISC./15617/2023rejected

Srikant Thakur @ Gappu @ Gappu Thakur v. The State Of Bihar

2023-06-23Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15617 of 2023 Arising Out of PS. Case No.-163 Year-2022 Thana- KASIMBAZAR District- Munger ====================================================== Srikant Thakur @ Gappu @ Gappu Thakur Son Of Munna Thakur Resident Of Mohalla - Ghoshitola P.S. - Kasim Bazar, Distt. - Munger ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ratnakar Ambastha For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Kasim Bazar P.S. Case No. 163 of 2022 instituted for the offence under Sections 385, 387, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, the informant alleged that when she was at her shop, meanwhile, the accused persons including the petitioner came there and asked for a water bottle. When the son of informant asked for Rs. 20/- for the same, the accused persons started firing upon them as a result of which informant's son and her husband sustained injuries.

Patna High Court CR. MISC. No.15617 of 2023(3) dt.23-06-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in this case. The husband of the informant who is injured, has not taken the name of the petitioner as assailant. It is further submitted that the petitioner is languishing in judicial custody since 9.7.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that from perusal of F.I.R., there is specific allegation against this petitioner who along with other co-accused persons shot fire upon the informant's husband and his son due to which they sustained injuries.

The supplementary injury report which is annexed with the case diary, shows that both the injured sustained firearm injuries which corroborates the prosecution and cause of injury of injured Dinesh Sah is opined as grievous in nature. It is further submitted that during course of investigation, witness of this case has also supported the prosecution. 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.

The trial Court is directed to expedite the trial and

Patna High Court CR. MISC. No.15617 of 2023(3) dt.23-06-2023 3/3 conclude the same as soon as possible.

(Sunil Kumar Panwar, J) lata/- U T