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Patna High CourtCR. MISC./15119/2019rejected

Kallu Pandey And ANR v. The State Of Bihar

2019-05-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15119 of 2019 Arising Out of PS. Case No.-322 Year-2018 Thana- SAHPUR District- Bhojpur ====================================================== 1.

KALLU PANDEY 2.

Mantu Pandey, Both i.e. 1 and 2 are sons of Surendra Pandey, Resident of Village Shivpur P.S. Shahpur District Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 323, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioners allegedly caused firearm injury to Archana Devi and Krishna Kant Pandey.

Submission is that other eye-witnesses have not supported the allegation that firing of Kallu Pandey caused injury to Krishna Kant Pandey, rather they stated that the said firearm injury was caused to Bhola Pandey. Petitioners are in custody since 29.01.2019.

Since other witnesses have supported the allegation, hence, considering the nature of allegation against the

Patna High Court CR. MISC. No.15119 of 2019(3) dt.15-05-2019 2/2 petitioners, I am not inclined to enlarge them on bail in connection with Sahpur Police Station Case No. 322 of 2018 pending in the court of learned 14th Additional Chief Judicial Magistrate, Bhojpur, Ara.

Hence, prayer for bail is refused.

Petitioners may renew their prayer for bail if the trial is not concluded within a period of six months from the date of farming of the charges.

(Birendra Kumar, J) Kundan/- U T