Prakash Ram @ Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44058 of 2023 Arising Out of PS. Case No.-200 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== PRAKASH RAM @ PRAKASH KUMAR Son of Ajay Kumar @ Ajay Ram Resident of village - Sangatpar, P.S. - Bakhtiyarpur, Distt. - Patna. Presently residing in Mirchai Gali, Patna City, Distt. -Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aditya Nath Jha For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under section 307 of the Indian Penal Code and section 27of the Arms Act.
3. As per allegation in the FIR, it is a case of opening fire upon the informant by the petitioner whit hit his right ring finger. He was apprehended on spot by the local people.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There is delay of one day in lodging the FIR. Petitioner was not having any intention to kill the informant. Even if assuming the allegation to be true, informant has received only one simple
Patna High Court CR. MISC. No.44058 of 2023(3) dt.28-08-2023 2/2 injury on non-vital organ. Petitioner is languishing in judicial custody since 16.05.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to be enlarged on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM III, Barh, in connection with Bakhtiyarpur P.S. Case No. 200 of 2023. (Sunil Kumar Panwar, J) sushma/- U