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Patna High CourtCR. MISC./29405/2024rejected

Avinash Das v. The State Of Bihar

2024-08-09Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29405 of 2024 Arising Out of PS. Case No.-203 Year-2021 Thana- BATHNAHA District- Sitamarhi ====================================================== Avinash Das, (M), aged about 24 years, son of Gagandev Das, resident of Village- Bishanpur (Kamaldah), P.S.- Bathnaha, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP For the Informant :

Mr. Devendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner; learned Additional Public Prosecutor for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Bathnaha PS Case No.203 of 2021 dated 11.08.2021, instituted for the offence punishable under Sections 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner is that he fired on right arm of the informant which caused injury in his right arm.

4. Learned counsel for the petitioner submits that the petitioner is not involved in the crime and he has been implicated due to previous enmity. It is also submitted that one

Patna High Court CR. MISC. No.29405 of 2024(3) dt.09-08-2024 2/2 of the co-accused, Alok Kumar, has been granted bail by this Court and the petitioner also deserves bail.

5. Learned APP as well as learned counsel for the informant has opposed the prayer for bail.

6. There is specific allegation of firing against the petitioner upon the informant. The injury report supports the allegation against the petitioner.

7. In such view of the matter, I am not inclined to grant bail to the petitioner.

8. Prayer for bail is rejected at this stage. (Khatim Reza, J) J. Alam/- U T