Abhishek Kumar @ Mintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42521 of 2024 Arising Out of PS. Case No.-234 Year-2023 Thana- PARASBIGHA District- Jehanabad ====================================================== Sanni Kumar @ Aman Kumar @ Sunny Son of Sunil Vishwakarma R/O Vill.- Mushi, P.S.- Makhdumpur, Dist.- Jehanabad ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 41998 of 2024 Arising Out of PS. Case No.-234 Year-2023 Thana- PARASBIGHA District- Jehanabad ====================================================== Abhishek Kumar @ Mintu Kumar son of Umesh Kumar Village- Papu PsMakhdumpur Dist- Jehanabad ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 42521 of 2024) For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP (In CRIMINAL MISCELLANEOUS No. 41998 of 2024) For the Petitioner/s :

Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are in custody in a case registered for the offence punishable under Sections 394, 326 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.42521 of 2024(6) dt.31-01-2025 2/3 As per allegation in the FIR, the informant sustained three fired arm injuries over his body by the petitioners and other co-accused persons.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He next submits that petitioners are not named in the FIR and they are in custody since 13.11.2023. He next submits that similarly situated co-accused has been granted bail by this Court passed in Cr. Misc. No. 21966 of 2024.

Learned APP for the State opposes the prayer for bail of the petitioners and submits that there is direct allegation of shot fired against the petitioners.

On perusal of the first information report, case diary and impugned order dated 16.04.2024/02.04.2024, it appears that the petitioners were identified by the informant during the test identification parade conducted in the district jail and injury report enclosed with the case diary and reveals that the informant sustained three fire arm injuries over his body which were opined to be grievous in nature and petitioners confessed their guilt in their confessional statement and petitioners have also criminal antecedent as stated in para-3 of the petition, so I am not inclined to grant bail to the petitioners.

Patna High Court CR. MISC. No.42521 of 2024(6) dt.31-01-2025 3/3 Prayer for regular bail of both the petitioners is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T