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Patna High CourtCR. MISC./19934/2023allowed

Parasmani v. The State Of Bihar

2023-09-11Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19934 of 2023 Arising Out of PS. Case No.-418 Year-2021 Thana- LAHERIMUHALLA District- Nalanda ====================================================== PARASMANI son of Chandeshwar Prasad Singh Village- Purab Tola near the lord ram temple Ps- Bakhtiyarpur Dist- 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.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence 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.

3. The prosecution case, in brief, is that one Kundan Kumar was kidnapped by accused persons. Specific allegation against the petitioner is of opening fire as a result of which victim boy (Kundan Kumar) received gunshot injury in stomach.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this

Patna High Court CR. MISC. No.19934 of 2023(5) dt.11-09-2023 2/3 case. For the same occurrence, two cases were lodged ; first one is Deepnagar P.S. Case No. 336 of 2021 by the police in which petitioner was arrested and second case is present one, in which he has been remanded from first case. Petitioner and victim both were student of Polytechnic College and were residing in same house on rent. There is no repeated firing which shows that petitioner has no intention to kill the injured. Only abrasion over abdomen and multiple pellets scar marks shown in the injury report. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 20.12.2022 passed in Cr. Misc. No. 48406 of 2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.19934 of 2023(5) dt.11-09-2023 3/3 of the learned Additional Sessions Judge 1st, Nalanda at Biharsharif in connection with Laheri P.S. Case No. 418 of 2021.

(Sunil Kumar Panwar, J) sushma/- U