Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32832 of 2020 Arising Out of PS. Case No.-31 Year-2020 Thana- MAHINDWARA District- Sitamarhi ====================================================== ABHISHEK KUMAR S/O Ram Vinod Ray @ Vinod Ray Resident of Village - Sugari Dih, Police Station - Mahindwara, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Adv.

For the Opposite Party/s :

Dr. Ajit Kumar, APP.

For the Informant Mr. Shiv Shankar Sharma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-02-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant, through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Mahindwara P.S. Case no. 31 of 2020 registered under sections 307, 120B and 34 of the Indian Penal Code and sections 25(1-B)(a) and 27 of the Arms Act.

As per allegation in the FIR, petitioner is stated to have fired on the informant hitting him in his back. It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. No such occurrence has taken place. Even otherwise

Patna High Court CR. MISC. No.32832 of 2020(4) dt.04-02-2021 2/2 the injury is stated to be simple in nature and the petitioner who is in custody since 16.4.2020 has no criminal antecedent. Chargesheet has been submitted in the case.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner which is supported by the injury report, the Court is not inclined to enlarge the petitioner on bail and, as such, the prayer for bail stands rejected.

Learned Trial Court is directed to expedite the trial. (Partha Sarthy, J) sushma/- U T