Motilal Kamkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 20873 of 2020 Arising Out of PS. Case No.-143 Year-2019 Thana- RAJPUR District- Buxar ====================================================== MOTILAL KAMKAR Son of Vishwanath Kamkar Resident of VillageBahuara, P.S.-Rajpur, District-Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Ajit Kumar, Advocate For the Opposite Party/s :

Mr Uma Shankar Prasad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 02-07-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Rajpur Police Station (for brevity, PS) Case No 143 of 2019 instituted for the offence punishable under Section (s) 147, 149, 341, 323, 307 of Indian Penal Code and Section 27 of Arms Act.

Patna High Court CR. MISC. No.20873 of 2020(3) dt.02-07-2020 2/2 The prosecution case is that petitioner, along with others, variously armed, has surrounded the informant and assaulted him. Gunshot injury on the informant's leg is attributed to the petitioner.

Submission is of false implication based on past enmity. The petitioner is in custody since 10.02.2020. It is submitted that in fact, the informant was the aggressor and has been injured otherwise.

The learned APP for the State has opposed the prayer for bail. It is submitted, referring to the order of rejection dated 04.03.2020 passed by the Sessions Judge, Buxar that the allegation of gunshot injury on the informant's leg stands corroborated by the medical evidence collected during the course of investigation.

Considering the rival submissions, this Court is not inclined to allow the petitioner's prayer for bail. The same is rejected.

(Madhuresh Prasad, J) M.E.H./- U T