Prabhat Kumar @ Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51848 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- KARPI District- Jehanabad ====================================================== Prabhat Kumar @ Nirala Son of Late Basant Singh R/V- JONHA, P.S.- KARPI, DISTT.- ARWAL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Karpi P.S. Case No. 90 of 2024 for the offences punishable under Sections 307 of the Indian Penal Code and Sections 25(1b)a, 27 of the Arms Act.

3. As per allegation, on 28.03.2023 at 11:00 AM, the informant visited the MNREGA office with his vehicle for the purpose of making payment of material supplied and after supplying the material, when he went near his vehicle, the accused persons fired upon him from a country made katta which was fortunately missed.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.51848 of 2024(2) dt.30-07-2024 2/2 this case. He has further submitted that nothing was recovered from possession of the petitioner. He has also submitted that none has suffered any kind of injury, whereas the allegation against the petitioner is that he fired in air. He has next submitted that the informant is in a business of plantation and the petitioner is a vendor. There was some dispute between them for money transaction. The petitioner is a person of clean antecedent and is under custody since 29.03.2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned SDJM, Arwal in connection with Karpi P.S. Case No. 90 of 2024, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T