Pawan Kumar @ Pawan @ Lala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45067 of 2022 Arising Out of PS. Case No.-745 Year-2019 Thana- FATUA District- Patna ====================================================== PAWAN KUMAR @ PAWAN @ LALA Son of Ram Babu Singh Resident of Village - Sotichak, P.s.- Fatuha, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr.Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-12-2022 Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Fatuha P.S. Case No. 745 of 2019 registered for the offences punishable under Sections 341, 323, 324, 384, 386, 307, 504, 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.45067 of 2022(2) dt.07-12-2022 2/3 As per prosecution case, petitioner is said to have fired upon the informant's father which hit in the stomach. Learned counsel for the petitioner submits that petitioner is in custody since 13.05.2022 and bears criminal antecedent of three cases in which he is on bail in all cases. He further submits that there is allegation against the petitioner that he fired upon the informant's father which hit in the stomach but after perusal of injury report no injury upon the stomach has been found which shows the falsity of the allegation made in the FIR. Petitioner and informant are neighbours and there is previous land dispute between the parties.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner by referring that there is specific allegation of firing against the petitioner upon the informant's father.

Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner and the material available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.

However, the petitioner may renew prayer of bail

Patna High Court CR. MISC. No.45067 of 2022(2) dt.07-12-2022 3/3 after six months from the date of receipt/production of copy of this order to the court concerned, if there is no substantial progress in the proceeding of trial within the stipulated period. (Alok Kumar Pandey, J) shahzad/- U T