Parasmani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18325 of 2023 Arising Out of PS. Case No.-336 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== Parasmani S/o Chandeshwar Prasad Singh Resident of Vill.-Purab Tola Near the Lord Ram Temple, P.S.-Bakhtiyarpur, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Singh For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 342, 326, 307/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act. The prosecution case, in brief, is that one Kundan Kumar was kidnapped by accused persons. The allegation against the petitioner along with other is that they opened fire upon him which hit in his stomach and thigh.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to dirty local politics and old enmity. There is no repeated fire arm injury

Patna High Court CR. MISC. No.18325 of 2023(4) dt.22-08-2023 2/2 found on the injured person. Only abrasion over abdomen and multiple pellet's scar marks shown in the injury report. The petitioner has no intention to kill the injured. Other co-accused namely Kunal Kumar, who also opened fire upon the injured, was already enlarged on bail by another coordinate Bench of this Court vide order dated 20.12.2022 passed in Cr. Misc. No. 48406 of 2022. It is also submitted that petitioner is languishing in judicial custody since 20.09.2021.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Deepnagar P.S. Case No. 336 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif.

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