Amit Kumar @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38234 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- AAYAR District- Bhojpur ====================================================== AMIT KUMAR @ SONU Son of Subash Singh @ Subas Singh Resident of Village - Marasiya, P.S.- Ayer, District - Bhojpur (Ara). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-10-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 341, 323 and 307 read with 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, The petitioner and the coaccused persons holding pistol started firing indiscriminately on the informant from the roof of their house. Thereafter, the petitioner Sonu Kumar fired from the pistol with intent to kill which hit on the thigh of the right leg causing severe injury. The

Patna High Court CR. MISC. No.38234 of 2022(2) dt.20-10-2022 2/2 co-accused person Vimlesh Kumar also threw stones on the informant's mother causing injuries.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.Nothing has been recovered from the conscious possession of the petitioner. As per the impunged order injuries are simple in nature. It is further submitted that as per the injury report, no bone fracture has been found but the said injury on the non-vital part has been mentioned as grievous in nature. There is a land dispute between the parties. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.02.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur in connection with Aayar P.S. Case No.13 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) ayush/- U T