Adalat Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21947 of 2018 Arising Out of PS.Case No. -320 Year- 2017 Thana -BHORE District- GOPALGANJ ====================================================== Adalat Mishra, Son of late Subedar Mishra, Resident of Village-Khalawa Gaon, P.S. Bhorey, District-Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Rajkishore Singh For the Informant : Mr. Varun Kumar Mr. Yogendra Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2018 Heard.

The petitioner seeks regular bail in connection with Bhorey P.S. Case No. 320 of 2017 for the offences punishable under Sections 341, 323, 307, 302/34 of the Indian Penal Code, and Section 27 of the Arms Act.

The allegation is regarding the petitioner having fired on the informant and the deceased.

The learned counsel for the petitioner submits that the postmortem report shows that the death of the deceased had taken place earlier than what has been alleged in the FIR. The petitioner is stated to be languishing in custody since 08.10.2017. Per contra, the learned counsel for the informant has

Patna High Court Cr.Misc. No.21947 of 2018 (5) dt.06-07-2018 2/2 vehemently opposed the prayer for bail and has submitted that the petitioner is the main assailant, who had fired on the deceased causing his death. It is further submitted that various paragraphs of the case diary supports the allegation levelled against the petitioner, hence the petitioner should not be released on bail. Having regard to the facts and circumstances of the case, there is no merit in the present petition for bail. Accordingly, the same is rejected.

(Mohit Kumar Shah, J) BTiwary/- U T