Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36082 of 2020 Arising Out of PS. Case No.-181 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== VINAY KUMAR SON OF LATE MANOJ SINGH RESIDENT OF VILLAGE - ADARSH TOLA, BINDWARA, P.S. KASIM BAZAR, DIST. MUNGER.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sevak Choudhary For the Opposite Party/s :

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-01-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The present petition is by way of second attempt at the behest of the petitioner for grant of bail in connection with Kasim Bazar P.S. Case No. 181 of 2019 for the offence registered under Sections 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act inasmuch as his earlier bail petition filed for grant of bail has stood rejected by this Court vide order dated 20.03.2020 passed in Criminal Misc No. 84021 of 2019.

The brief facts of the case as per the fardbeyan of the informant, namely Ankit Singh is that on 22.7.2019, in the morning, while he was going to meet his friend and had reached

Patna High Court CR. MISC. No.36082 of 2020(2) dt.12-01-2021 2/3 near Bindwara Adarsh Tola at the house of CD Sir, at about 9 A.M., the petitioner herein had fired gunshots on the informant with the intention of killing him, which had hit the informant below the chest on the right side of stomach,whereupon the informant had fallen down and then the petitioner had threatened him to pay the outstanding amount of the departmental store, totalling to a sum of Rs. 2500/-,however, upon an alarm being raised, the co-villager had arrived there but the petitioner managed to flee away, whereafter the informant was brought to the hospital for treatment.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he is languishing in custody since 02.09.2019.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner and taking into account the fact that there is no change in circumstance and moreover considering the seriousness of the allegations, levelled against the petitioner and the gravity of the offence alleged as also taking into account the fact that there is direct allegation upon the petitioner to have

Patna High Court CR. MISC. No.36082 of 2020(2) dt.12-01-2021 3/3 fired gunshots on the person of the informant resulting in grievous injuries to him, I do not find the present case to be a fit case for grant of regular bail,hence, the same stands dismissed. (Mohit Kumar Shah, J) S.Sb/- U T