Dheeraj Kumar @ Pacchu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6321 of 2021 Arising Out of PS. Case No.-193 Year-2019 Thana- MANIYARI District- Muzaffarpur ====================================================== DHEERAJ KUMAR @ PACCHU Son of Late Vinod Bhagat Resident of Village - Basauli, P.S. - Kudhani, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jyotsna Rani Mishra, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2021 Heard Ms. Jyotsna Rani Mishra, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Maniyari P.S. Case No. 193 of 2019 registered for the offences punishable under Section(s) 307/34 of the Indian Penal Code 1860 and Section 27 of the Arms Act. Subsequently, Section 302 of the Indian Penal Code was added.

The allegation as per the First Information Report is that the petitioner fired upon father of the informant due to which he died in the Hospital.

Learned counsel for the petitioner submits that there is land dispute between both the parties and both the parties are

Patna High Court CR. MISC. No.6321 of 2021(2) dt.15-04-2021 2/2 related to each other and the petitioner has falsely been implicated in this case due to the land dispute. Learned counsel next submits that no independent witness of the occurrence is there and the informant is son of the deceased. On the other hand, learned counsel for the State vehemently opposed the prayer for bail and submits that from perusal of the First Information Report, it would be evident that the petitioner is the main assailant and he has fired upon the father of the informant due to which, the father of the informant died in the Hospital. The informant is alleged to be an eye witness and was present at the time of occurrence. Having regard to the submissions made by the parties and taking into consideration the materials on record and the direct allegation of firing against the petitioner, I am not inclined to grant regular bail to the petitioner. Accordingly, the prayer for bail of the petitioner stands rejected.

(Anil Kumar Sinha, J) S.Ali/- U T