Deepak Kumar @ Kauaa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49236 of 2024 Arising Out of PS. Case No.-786 Year-2023 Thana- SAHPUR District- Patna ====================================================== Deepak Kumar @ Kauaa Son of Sri Ramshankar Rai @ Ramashankar Rai @ Rama Shankar Ray Resident of Vill- Mubarakpur Krishi Farm, P.S.- Shahpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samrendra Jha Mr. Ramakant Sharma, Sr. Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-12-2024 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the main bail petition regarding year of police case.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks regular bail in connection with Shahpur P.S. Case No. 786 of 2023 registered for the offence punishable under Sections-341, 307/34 of the Indian Penal Code and 27 of the Arms Act.

4. Allegedly, while the informant was closing his shop, the accused persons named in Shahpur P.S. Case No. 786 of 2023 the FIR along with some unknown persons came there

Patna High Court CR. MISC. No.49236 of 2024(5) dt.13-12-2024 2/2 and started abusing him and in consequence thereof, firing was also made as a result of which, the informant sustained fire-arm injury.

5. Mr. Ramakant Sharma, learned Senior counsel for the petitioner has submitted that the informant is not an eye witness. The injury report is mentioned at paragraph-47 of the case diary which shows that the same has been issued from a Private Hospital and it also reveals that the alleged injured went himself to the hospital. Learned counsel has also submitted that the petitioner is under incarceration for a period of nine months.

6. Learned APP for the State has opposed the prayer for bail.

7. Considering the aforesaid facts and circumstances as well as period of incarceration, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Dr. Kanchan Prabha, learned Judicial Magistrate-Ist Class, Danapur in connection with Shahpur P.S. Case No. 786 of 2023.

(Nawneet Kumar Pandey, J) A.K.V.//- U T