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Patna High CourtCR. MISC./30247/2020dismissed

Aman Kumar v. The State Of Bihar

2020-12-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30247 of 2020 Arising Out of PS. Case No.-276 Year-2019 Thana- NAYA RAM NAGAR District- Munger ====================================================== AMAN KUMAR Son of Laxmi Yadav Resident of Village/Muhalla- Kanchan Gardh- Bank, P.S.- Muffasil, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh, Advocate For the State :

Mr. Prem Kumar Jha, APP For the Informant : Mr. Jyoti Ranjan Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Prem Kumar Jha, the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Naya Ram Nagar P.S. Case No. 276 of 2019 for the offence registered under Sections 302, 307, 324, 386 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner herein is alleged to have fired from his pistol upon the son of the informant on his throat resulting in his death on the spot.

Patna High Court CR. MISC. No.30247 of 2020(3) dt.21-12-2020 2/2 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 18.10.2019. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available in the case diary, this Court finds that there is ample material, which has been collected during the course of the investigation, to show the complicity of the petitioner in the alleged crime and moreover, he is not only the main assailant who had fired on the son of the informant resulting in his death on the spot but is also having a bad criminal antecedent, hence I do not find any merit in the present petition, which has been filed for grant of regular bail, thus the present petition stands dismissed. (Mohit Kumar Shah, J) S.Sb/- U T