Pinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25553 of 2023 Arising Out of PS. Case No.-290 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== SINKU KUMAR @ RANVIR KUMAR S/O BAMBAM MEHTA R/O Village- Yogiraj, P.S- Puraini, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alka Verma For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 307, 120B, 326 of the Indian Penal Code and section 27 of the Arms Act.

3. As per allegation in the FIR, informant was going to his home by an auto rickshaw, and in way four accused persons riding on two motorcycles, attacked on him. Petitioner opened fire upon him which hit on his right side waist and right arm. Co-accused Sinku Kumar also opened fire which hit his abdomen and the informant fell

Patna High Court CR. MISC. No.25553 of 2023(4) dt.15-09-2023 2/3 down unconsciously and thereafter all four accused persons assuming him dead, fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to political rivalry. No arms were recovered from possession of the petitioner after his arrest. Petitioner's father is political man and due to tarnish his image, his sons were made accused in the present case. Informant himself stated that his enmity was with Md. Sajjad and he is the mastermind of this incident. Petitioner has got no criminal antecedent and languishing in judicial custody since 1.10.2022.

5. The application for bail is opposed by learned APP for the State and stated that specific allegation of firing in abdomen, a vital part, is against this petitioner. Petitioner has caused gun shot injuries to the informant on his abdomen, which is a vital organ and injury report also support the prosecution story. During investigation, several witnesses have supported the FIR version.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not

Patna High Court CR. MISC. No.25553 of 2023(4) dt.15-09-2023 3/3 inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U