← Library
Patna High CourtCR. MISC./38932/2023bail rejected

Rajan Kumar @ Rajnikant Verma v. The State Of Bihar

2023-07-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38932 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== Rajan Kumar @ Rajnikant Verma, S/O Late Mahendra Saw R/O VillageNirpur, P.S- Noorsarai, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Noorsarai P.S. Case No. 06 of 2023, lodged on 09.01.2023 under Sections 341, 323, 324, 326, 307 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, the petitioner came into the courtyard of the informant and started abusing him. On protest being made, he fired on both sons of the informant, as a result of which they got injured.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offense. The petitioner is in custody since 10.01.2023 and is accused in one other case apart from the present case.

5. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No.38932 of 2023(2) dt.07-07-2023 2/2 for bail and submits that the specific accusation of firing on both sons of the informant is against the petitioner.

6. Upon specific query from the counsel for the petitioner whether the charge has been framed or not, the learned counsel for the petitioner submits that he is not aware of the fact whether the charge has been framed or not.

7. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Noorsarai P.S. Case No. 06 of 2023, pending before the learned Judicial Magistrate, 1st Class, Biharsharif, Nalanda is hereby rejected.

9. However, the petitioner would be at liberty to renew the prayer for bail after framing of the charge. The trial Court is directed to release the petitioner after framing of the charge by imposing its condition so that the petitioner may not evade appearance on the date fixed.

10. With this observation, the bail application stands disposed of.

(Dr. Anshuman, J) Ashwini/- U T