Anil Chaudhary @ Mantu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37527 of 2021 Arising Out of PS. Case No.-113 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Anil Chaudhary @ Mantu S/O- Kameshwar Chaudhary Resident of VillageBaghini, P.S.- Mohania, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

15-11-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Mohania P.S. Case No. 113 of 2021, registered for the offence under Section 307 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, this petitioner took the son of the informant from his house and shot at him, due to which, he sustained fire-arm injury in his stomach. It is submitted on behalf of petitioner that F.I.R. has been lodged after lapse of three days of the occurrence and there is no explanation of delay. It is further submitted that from bare perusal of the F.I.R., it is appearent that informant is not the eyewitness of the occurrence and only on suspicion, petitioner has been made accused. Petitioner is in custody since 31.03.2021. However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific and direct allegation

Patna High Court CR. MISC. No.37527 of 2021(4) dt.15-11-2021 2/2 against the petitioner of causing gun-shot injury in the stomach of son of the informant.

Considering the specific allegation against this petitioner, I am not inclined to grant him bail and accordingly, same is rejected.

(Prabhat Kumar Singh, J.) anay U T