Patna High CourtCR. MISC./21545/2020dismissed

Vijay Kumar Mehta @ Bijay Mehta v. The State Of Bihar

2020-07-23Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21545 of 2020 Arising Out of PS. Case No.-285 Year-2019 Thana- BIRPUR District- Supaul ====================================================== VIJAY KUMAR MEHTA @ BIJAY MEHTA S/o Late Nakachhedi Mehta Resident of Village- Koshikapur, Ward No. 13, P.S.- Birpur, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-07-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the Stamp Reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately after the lockdown ends, and in any event within one month thereof.

2. The petitioner is in custody since 29.12.2019 in connection with Birpur P.S. Case No. 285 of 2019 for the offences alleged under Section 307/34 of the Indian Penal Code and Section 25(1-b)A, 26 and 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on the accusation of having fired and hit the abdomen of his son as also the left thigh of the informant. There is case and

Patna High Court CR. MISC. No.21545 of 2020(2) dt.23-07-2020 2/2 counter case between the parties. There is delay in instituting the FIR on 24.12.2019 for the alleged occurrence of 21.12.2019. The petitioner claims clean antecedents.

4. Learned APP appears and opposes the bail petition, inviting reference to the order of the learned District and Sessions Judge, Supaul. On perusal of the case diary, it has been noticed that the injured Md. Hazrat has sustained grievous gunshot wound in his abdomen.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of bail to the petitioner. The petition stands dismissed.

6. Office shall ensure that all defects have been removed and compliance with the notices of this Court has been made, within the stipulated time as provided in para 1 hereinabove.

(Vikash Jain, J) HR/- U T