Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41339 of 2022 Arising Out of PS. Case No.-504 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== SONU KUMAR S/o Chandradev Yadav Resident of Village- Baisa, P.S.- Parbatta (Maraiya), District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State and also heard the learned counsel for the informant.

In this case, the petitioner is seeking regular bail in connection with Parbatta (Maraiya) P.S. Case No. 504 of 2021, registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act. As per allegation, five named accused persons including the petitioner came to the tea stall where the informant Yashwant Kumar was taking tea and the petitioner, Sonu Kumar fired shot which hit at the chest of the informant and he became seriously injured.

The learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated. There was some dispute between the informant and the petitioner for

Patna High Court CR. MISC. No.41339 of 2022(6) dt.20-04-2023 2/2 transaction of money and the petitioner is under custody since 26.02.2022.

On the other hand, the learned APP as well as the learned counsel for the informant have opposed the prayer for bail and submitted that there is allegation against the petitioner that he fired shot at the chest of the informant. The injuries are grievous in nature.

A report was called for from the court below about stage of trial, which shows that the case has not been committed to the court of Sessions up till now, and the record is pending for appearance of two accused persons.

The learned court below is directed to split-up the record of the petitioner and take every endeavour to commit it to the court of Sessions. If the trial is not concluded within a period of 6 months, the petitioner will be at liberty to renew his prayer for bail in the learned court below itself. With these observations, the bail petition is disposed of.

(Nawneet Kumar Pandey, J) Sudha/Sonali U T