Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24082 of 2024 Arising Out of PS. Case No.-240 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== Chandan Kumar Son of Siyaram Singh Resident of Village- Chhotki Ahiyapur, P.S.- Arwal, Dist.- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Singh, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP Mr. Amit Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Arwal P.S. Case No.240 of 2023 registered for the offence under Sections 302/34/120B of the Indian Penal Code and Section 27 of the Arms Act.

3.

Allegation against the petitioner is to have committed murder of the father of the informant along with other co-accused persons.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that nothing incriminating material surfaced during course of investigation,

Patna High Court CR. MISC. No.24082 of 2024(2) dt.26-04-2024 2/2 which may connect this petitioner with the present set of occurrence. It is further submitted that petitioner is in custody since 30.05.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

In view of the submissions, as made above, as it appears from perusal of FIR and impugned order that this petitioner is main assailant and as specific allegation as regard to open firing upon the father of the informant has been levelled against this petitioner, where, informant is the eye-witness to the present occurrence and as it appears from postmortem report that cause of death is due to firearm injury leading to vital organ leading to blood loss and finally cardio respiratory arrest, this Court is not inclined to grant bail to the petitioner. 7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

(Ramesh Chand Malviya, J) S.Katyayan/- U T