Mayank Singh @ Sanju @ Mayank Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28997 of 2021 Arising Out of PS. Case No.-256 Year-2020 Thana- KATRA District- Muzaffarpur ====================================================== MAYANK SINGH @ SANJU @ MAYANK KUMAR SINGH Son of Sachchidanand Singh Resident of Village- Tehwara, Police Station- Katra, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

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

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code and sections 25(1-B)(a), 26, 27 and 35 of the Arms Act.

As per the prosecution case, the petitioner is said to have fired on the informant causing gun shot injury in his leg. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of pending land dispute between the parties. The allegations are falsified from the injury report as per which simple injury caused by hard and blunt substance is found. Even

Patna High Court CR. MISC. No.28997 of 2021(4) dt.07-01-2022 2/3 accepting the allegations leveled in the F.I.R. the allegation is of having caused injury on non-vital part of the body. The petitioner is in custody since 31.1.2021 and chargesheet has been submitted in the case.

The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that there is direct allegation against the petitioner of having fired on the informant causing gunshot injury. Inspite of their being specific allegation in the F.I.R. the doctor in collusion with the accused prepared a collusive report. However, the same is falsified from the part of the report wherein one of the injuries have been found to be penetrative wound over left leg. It is further submitted that in course of investigation the used cartridge was recovered and even sanction has been granted under the Arms Act. The informant is still undergoing treatment in AIIMS, New Delhi.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody since 31.1.2021 i.e for more than 11 months and investigation having concluded with submission of chargesheet, the Court directs the petitioner to be enlarged on bail in connection with

Patna High Court CR. MISC. No.28997 of 2021(4) dt.07-01-2022 3/3 Katra P.S. Case no. 256 of 2020 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 Judicial Magistrate 1st Class (East) Muzaffarpur.

(Partha Sarthy, J) Bibhash/- U