Rohit Kumar @ Sunny v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39224 of 2021 Arising Out of PS. Case No.-344 Year-2018 Thana- PANCHRUKHI District- Siwan ====================================================== ROHIT KUMAR @ SUNNY S/O SANJAY SINGH R/o village- Dibbi, P.S.- M.H. Nagar Hasanpura, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-02-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 216 and 120B of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, accused persons are said to have surrounded the brother of the informant and the petitioner is stated to have shot the informant's brother with the pistol in his head.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There is allegation of firing against a number of co-accused, however, only one injury has been found in the postmortem report. The petitioner is in custody since 28.5.2019 and chargesheet has
Patna High Court CR. MISC. No.39224 of 2021(4) dt.03-02-2022 2/2 been submitted in the case. It is further submitted that a number of FIR named co-accused have been enlarged on bail, details of which have been given in paragraph no. 7 of the petition. Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner of having shot the informant's brother in the head with a pistol and the allegation having been supported by the contents of the postmortem report, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Spd/- U T