Varun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59484 of 2021 Arising Out of PS. Case No.-95 Year-2021 Thana- PUNPUN District- Patna ====================================================== VARUN KUMAR S/o SURENDRA YADAV R/o VILLAGE-LODIPUR, P.SPUNPUN, DISTRICT-PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Naresh Ray For the Opposite Party/s :

Mr.Narendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Punpun P.S. Case No. 95 of 2021 registered for the offence under Sections 447, 341, 323, 326, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 09.06.2021.

The allegation against the petitioner is to cause injury by using fire arms to injured/informant with intention to cause death. Learned counsel appearing on behalf of the petitioner submitted that injury/medical report of the injured/informant is not in corroboration with the allegation, as set out in the present FIR. It is

Patna High Court CR. MISC. No.59484 of 2021(3) dt.16-08-2022 2/2 also submitted that injury report suggesting that injury was caused by hard and blunt substance, where the allegation is of firearms. It has further pointed out that petitioner is also involved in three other criminal cases, in which, he is on bail. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that injury report shows that it has been caused by hard and blunt substance.

Considering the facts and circumstances as mentioned above and by taking note of contradiction of medical / injury report qua allegation as raised through FIR coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Punpun P.S. Case No. 95 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Masaurhi, Patna/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T