Sonu Dubey @ Sonu Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47773 of 2023 Arising Out of PS. Case No.-147 Year-2022 Thana- SONO District- Jamui ====================================================== SONU DUBEY @ SONU KUMAR DUBEY SON OF ARUN KUMAR DUBEY RESIDENT OF VILLAGE- DEHRIDIH, PS- KHAIRA, DISTTJAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Adv For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Sono P.S. Case No. 147 of 2022 registered under Sections 307 and 34 of IPC and Section 27 of the Arms Act. He is stated to be in custody since 22.05.2022.

As per prosecution case, the informant was carrying his cement load when the petitioner has fired upon him. Earlier, the petitioner's prayer for bail was rejected on 11-01-2023 vide Annexure-1. The same has been renewed after rejection by the learned trial Court of Addl. Sessions Judge-3, Jamui on 17.06.2023. The rejection by the trial Court is having due regard to the material collected in the course of

Patna High Court CR. MISC. No.47773 of 2023(2) dt.26-07-2023 2/2 investigation, which reads as follows:- "After going through hearing from both sides and perusing material available on record it transpired that case diary para nos. 1, 2, 5, 9, 10, 11, 12, 13, 15, 16, 19, 21, 22, 25, 29, 35, 36, 44, there is direct allegation against the accused/petitioner that he fired at the informant with intent to kill him and the informant received fire-arm injury in his thigh. The doctor found entry wound of 0.5'x 0.5' on the lateral aspect of left thigh and exit would was found medial aspect of the left thigh. The doctor opined nature of injury as grievous and dangerous to life. The petitioner has got criminal antecedent vide Khaira P.S. Case No. 14/2021 u/s- 341, 323, 307, 504, 506 IPC and 27 of the Arms Act."

The overwhelming material collected in the course of investigation and the fact of earlier rejection of the petitioner's prayer, upon due consideration as also his antecedents in one(1) case is such that the Court is not inclined to take a different view for allowing the petitioner's prayer for bail. The application is dismissed.

(Madhuresh Prasad, J) uttam/- U T