Deep Kumar @ Deepan Rai @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52205 of 2021 Arising Out of PS. Case No.-113 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== DEEP KUMAR @ DEEPAN RAI @ DEEPAK KUMAR Son of Ram Janam Ray Resident of Village- Dedaur, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mrs.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2022 Heard both sides.

Petitioner seeks regular bail in connection with Sessions Trial No. 402 / 2020 arising out of Bakhtiyarpur PS Case No. 113 / 2020 registered for the offence under Section 341 / 504 / 326 / 307 / 34 of the IPC and Section 27 of the Arms Act.

Petitioner has allegedly fired upon the informant, due to which he sustained fire arm injury on his right chest and arms.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to land dispute. He next submits that petitioner has got no criminal antecedent. This court has called for the case diary which has been received but the same does not contain injury report. In

Patna High Court CR. MISC. No.52205 of 2021(3) dt.19-05-2022 2/2 the court below also the injury report was not produced by the prosecution.

On the other hand, learned counsel for the State submits that there is direct allegation against the petitioner that he fired upon the informant and the informant has sustained fire arm injury on vital parts of the body.

Regard being had to the submissions made by the parties, taking into consideration the material on record, the fact that petitioner is in custody 20/04/2020, charge sheet has already been submitted, there is land dispute between the parties and prosecution has failed to produce injury report, as such, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Barh, Patna in connection with Sessions Trial No. 402 / 2020 arising out of Bakhtiyarpur PS Case No. 113 / 2020. praful/- (Anil Kumar Sinha, J) U T