Anand Kumar @ Kunal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52011 of 2021 Arising Out of PS. Case No.-209 Year-2020 Thana- WARISNAGAR District- Samastipur ====================================================== ANAND KUMAR @ KUNAL S/o- SHRI AMARJYOTI THAKUR Resident of Village- Rohua, P.S.- Warisnagar, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Ms. Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-04-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 324 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the petitioner is said to have fired two shots from his pistol one of which hit the informant in his stomach.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. While the occurrence is alleged to have taken place on 25.8.2020 and the informant was treated at the Primary Health Centre, for no explanation the fardbeyan is registered after a delay of four days

Patna High Court CR. MISC. No.52011 of 2021(3) dt.01-04-2022 2/2 ie on 29.8.2020. There has been dispute between the parties with respect to a vacant land which falls behind the houses of both the petitioner and the informant. The petitioner was at his place of posting where his attendance was also marked. He is in custody since 26.6.2021 and investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the allegation against the petitioner of having fired on the informant together with the allegations being confirmed from the injury report wherein grievous injury caused by firearm was found in the abdomen of the informant, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. (Partha Sarthy, J) Saurabh/- U T