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Patna High CourtCR. MISC./54009/2023bail rejected

Jayant Kumar v. The State Of Bihar

2023-08-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54009 of 2023 Arising Out of PS. Case No.-411 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Jayant Kumar Son Of Gopal Singh@Gopal Prasad Singh Resident Of Village -BADALPURA, Ps -MATIHANI, District- Begusarai ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate and Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 307, 302, 120B/34 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, this petitioner fired on Raja Kumar as a result of which he sustained fire arms injury. Victim in 164 Cr.P.C. statement has stated that it was the petitioner who fired upon him.

4. Learned counsel appearing for the petitioner submits that the petitioner is a student and is innocent and has falsely been implicated in this case.

5. Learned counsel for the State opposes the prayer for bail. He submits that the petitioner is named in the FIR with specific allegation that he fired on Raja Kumar as a result of which he sustained fire arms injury. Besides this, victim in 164 Cr.P.C. statement has stated that it was the petitioner who fired upon him. Petitioner has also got criminal antecedent of Arms Act case.

6. Considering the aforesaid facts, prayer for bail of

Patna High Court CR. MISC. No.54009 of 2023(2) dt.21-08-2023 2/2 the petitioner is rejected.

(Prabhat Kumar Singh, J) Shashi U T