Ashish Verma @ Gopy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35409 of 2023 Arising Out of PS. Case No.-394 Year-2022 Thana- MANSI District- Khagaria ====================================================== Ashish Verma @ Gopy S/O Narayan Verma @ Narayan Varma R/O VillageRohiyar, P.S- Mansi, Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 326, 504 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the petitioner along with other co-accused persons is that they assaulted the informant along with other his grand-son. Further, co-accused Masudan Verma started indiscriminate firing upon the informant whereas this petitioner fired upon the informant's grand-son due to which both of them sustained gun shot injury.

Patna High Court CR. MISC. No.35409 of 2023(4) dt.13-09-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. Both parties are neighbour. It is further submitted that as per allegation in the FIR in which it has been alleged that petitioner fired upon informant's grand-son, namely, Pintu Kumar due to which he sustained gun shot injury but no injury report of Government hospital rather it is of Private Hospital which is not properly legible. It is also submitted that from the petitioner side, his sister-in-law has lodged complaint case against the informant's side. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 15.11.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mansi P.S. Case No. 394 of 2022 on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.35409 of 2023(4) dt.13-09-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria/ Concerned Court.

(Sunil Kumar Panwar, J) shubham/- U T