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Patna High CourtCR. MISC./43677/2022allowed

Pinku Pandey v. The State Of Bihar

2023-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43677 of 2022 Arising Out of PS. Case No.-436 Year-2020 Thana- LAXMIPUR District- Jamui ====================================================== Pinku Pandey Son Of Shubhankar Pandey Resident Of Village - Karnpur, P.S.- Laxmipur, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Laxmipur P.S. Case No. 436 of 2020 registered under Sections 147, 148, 149, 341, 342, 307, 324 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of open fire by the petitioner to the informant's son namely, Bambam Mishra, due to which he sustained gun shot injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present. It is further submitted that the allegation is that the petitioner made fire on the

Patna High Court CR. MISC. No.43677 of 2022(3) dt.10-01-2023 2/2 informant's son but the injury report which has been mentioned in impugned order, shows that the injury is lacerated wound at right hip region which was caused by hard and blunt object and opinion of injury has not been opined by the doctor which shows that allegation against the petitioner is false and concocted. Petitioner is in judicial custody since 04.02.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Laxmipur P.S. Case No. 436 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Jamui.

(Sunil Kumar Panwar, J) shubham/- U T