Patna High CourtCR. MISC./32525/2022bail rejected

Arvind Kumar v. The State Of Bihar

2023-01-19Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32525 of 2022 Arising Out of PS. Case No.-695 Year-2021 Thana- HILSA District- Nalanda ====================================================== Arvind Kumar, aged about 34 years, Gender- Male, Son of Late Suresh Prasad, R/O Village- Durga Asthan, Hilsa, P.S.- Hilsa, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyamal Prakash, Adv.

For the Informant :

Mr. Narayan Singh, Adv.

For the State :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Hilsa P.S. Case No. 695 of 2021, registered for the offence punishable under Section 341, 307, 504, 34 of the Indian Penal Code (for brevity 'IPC') and Section 27 of the Arms Act.

There is allegation that informant has been accosted by three

(3) persons including the petitioner, while he was on his way and the petitioner has fired upon his back and he has fallen, sustaining the injury.

Learned counsel for the petitioner submits that the injury report does not support the allegation, as it is not commensurate to the allegation of firing by close range. The petitioner has falsely been implicated and he is in custody since 31.12.2021. Learned counsel for the informant and learned APP for the State has opposed the prayer for bail. It is submitted that informant has named the petitioner as the person who has inflicted fire arms injury. Injury by fire arms was also corroborated by the injury report.

Patna High Court CR. MISC. No.32525 of 2022(5) dt.19-01-2023 2/2 Considering the rival submissions, gravity of allegations regarding firing on the informant, this Court, for the purposes of grant of bail, is not inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is rejected, for the present.

(Madhuresh Prasad, J) rajkishore/- U T