Rajnish Kumar @ Rajneesh Kumar @ Rajnish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42993 of 2023 Arising Out of PS. Case No.-112 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Rajnish Kumar @ Rajneesh Kumar @ Rajnish Singh Son of Ram Kathin Singh Resident of village - ward no. 2, Ramdiri Nakti Tola, P.s. - Matihani, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The present case has been heard out of turn as wife of petitioner is pregnant and excepting her delivery in this month.

3. Let the defect(s), if any, be removed within a period of four weeks from today.

4. The petitioner seek bail in connection with Muffasil P.S. Case No. 112 of 2021 registered for the offence under Sections 324, 307, 387, 447, 506 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

5. The accused/petitioner is not named in the F.I.R. and is in custody since 28.02.2023.

Patna High Court CR. MISC. No.42993 of 2023(2) dt.19-07-2023 2/3

6. The allegation against the petitioner is causing fire arm injury upon son of the informant, having intention to cause death, along with other co-accused persons for previous enmities.

7. Learned counsel appearing on behalf of the petitioner submitted that informant is not the eye witness of the occurrence. It is further submitted that statement of injured obtained after two months and, as such, false implication cannot be ruled out. It is submitted that if the version of informant is taken into consideration then, at least five fire arm injuries must be found upon but only single fire arm injury was found, creating a doubt over entire allegation. It is also submitted that due to previous admitted enmities, as it appears from the statement of injured itself, the present false implication was made. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

8. Learned APP, while opposing the prayer of bail, fairly conceded that informant is not the eye witness of the occurrence.

9. Considering the facts and circumstances as

Patna High Court CR. MISC. No.42993 of 2023(2) dt.19-07-2023 3/3 mentioned above, by importing contradiction from statement of injured, qua, injury report coupled with the fact that chargesheet has been submitted, where petitioner is in custody since 28.02.2023, accordingly, above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 112 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T