Ravindra Mahto @ Ravindra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41647 of 2022 Arising Out of PS. Case No.-213 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== Ravindra Mahto @ Ravindra Kumar Singh Son Of Late Brahmdeo Kumar Singh R/O Village- Bankat, P.S.- Ayar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar No. 1, Advocate :

Mr.Nirmal Kumar Sinha, Advocate For the State :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State Ms. Sangeeta Sharma.

The petitioner seeks regular bail in connection with Jagdishpur P.S. Case No. 213 of 2021, registered for the offences punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner has been alleged to have fired gunshot on the left side of the back of the informant, which also stands corroborated from the injury report inasmuch as not only firearm injury has been found but entry wound has also

Patna High Court CR. MISC. No.41647 of 2022(3) dt.11-01-2023 2/3 been found on the right side back of the chest apart from fracture of right 10th and 11th posterior ribs.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 10.05.2022. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in one other case, but he is on bail in the said case. It is also submitted that accidentally, he had fired gunshot on the informant, however, he had no intention to kill him.

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

Having regard to the facts and circumstances of the case and taking into account the materials available in the casediary, this Court finds that the complicity of the petitioner in the alleged occurrence is writ large

Patna High Court CR. MISC. No.41647 of 2022(3) dt.11-01-2023 3/3 and prima facie, he is responsible for firing gunshot on the left side of the back of the informant, resulting in him sustaining grievous gunshot injury, hence, though I am not inclined to grant bail to the petitioner at the moment, however, I deem it fit and proper to grant liberty to the petitioner to renew his prayer for bail, immediately upon framing of charges by the learned Court below.

The petition stands disposed off as not pressed, however, with the aforesaid liberty. (Mohit Kumar Shah, J) kanchan/SonalU T