Patna High CourtCR. MISC./25707/2024bail rejected

Gulashan Kumar v. The State Of Bihar

2024-04-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25707 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- CHEWARA District- Sheikhpura ====================================================== Gulashan Kumar S/O Dayanand Singh R/O Village And Post- Ekarha, P.SChewara, Distt.- Sheikhpura. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Madhuri Kumari, Adv.

For the State :

Mr. Zainul Abedin, Adv.

For the Informant :

Mr. Umesh Prasad Singh, Sr. Adv. with Mr. Vaibhav Veer Shankar, Adv.

Mr. Sameer Sawarn, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Chewara P.S. Case No. 09 of 2024 instituted for the offences punishable under Sections 341, 323, 325, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with 2-3 others unknown is of assaulting the informant by means of iron rod due to which he sustained injury.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has not been submitted as yet. The petitioner is in

Patna High Court CR. MISC. No.25707 of 2024(2) dt.05-04-2024 2/2 custody since 16.02.2024 and he has one criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is named in the F.I.R. They submitted that there is specific allegation of assaulting by means of iron rod is against the petitioner and since the investigation is pending now and charge-sheet has not been submitted against the petitioner as yet.

6. Considering the nature of accusation against the petitioner and the gravity of the offence, I am not inclined to grant bail to the petitioner. The prayer is rejected. The Trial Court is directed to expedite the trial.

(Rudra Prakash Mishra, J) Arish/- U T