Patna High CourtCR. MISC./22574/2023bail rejected

Deepak Kumar Yadav @ Deepak Kumar v. The State Of Bihar

2023-05-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22574 of 2023 Arising Out of PS. Case No.-190 Year-2022 Thana- NOORSARAI District- Nalanda ====================================================== DEEPAK KUMAR YADAV @ DEEPAK KUMAR S/O SHRI SHIVNATH PRASAD @ GANAURI Resident of Village- Siwanpar, P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Noorsarai P.S. Case no.190 of 2022 registered under sections 307, 341, 323, 324, 504 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that over a dispute between the parties, the three named accused persons including the petitioner came and started to assault. As a result of firing with a country made pistol by the petitioner, the informant sustained gunshot injury in the little finger of his left hand.

4. Learned senior counsel appearing for the petitioner

Patna High Court CR. MISC. No.22574 of 2023(2) dt.18-05-2023 2/2 submits that the petitioner has been falsely implicated in the case. No such occurrence as alleged ever took place. Even the injury report of the informant shows the injury to be simple in nature. The petitioner is in custody since 18.1.2023 and chargesheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner of having resorted to fire resulting in injury to the informant, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. In view of the injury being simple in nature, liberty is granted to the petitioner to renew his prayer for bail after six months.

(Partha Sarthy, J) Saurabh/- U T