Sudhir Kumar @ Sudhir Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40464 of 2021 Arising Out of PS. Case No.-15 Year-2020 Thana- PALI District- Jehanabad ====================================================== SUDHIR KUMAR @ SUDHIR KUMAR YADAV S/o Ashok Kumar @ Ashok Yadav Resident of Village- Makhdumpur, P.S.- Dhanarua, DistrictPatna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Singh For the Opposite Party/s :
Mr.Anil Prasad Singh Mr. Bhola Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner, the State and the informant.
The matter has been taken up through video conferencing.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 307, 326 and some other allied Sections of the Indian Penal Code and u/s 27 of Arms Act. As per the prosecution case, this petitioner is alleged to have fired at the temple and throat of informant as a result of which she sustained injuries.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case and none of the witnesses during the course of
Patna High Court CR. MISC. No.40464 of 2021(3) dt.28-01-2022 2/2 investigation identified the assailant. The motive shown in the FIR is also concocted story and petitioner never wanted to solemnize marriage with sister of informant. Petitioner claims clean antecedent and is in custody since 28.02.2021 and investigation in this case is complete.
Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that there is direct and specific allegation against this petitioner of firing and causing injury on the temple of neck of informant and in the medical examination the doctor has found corresponding injuries on the person of injured.
Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J) BKS/- U T