Patna High CourtCR. MISC./61091/2021bail rejected

Vishal Chauhan @ Vishal Kumar v. The State Of Bihar

2022-05-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61091 of 2021 Arising Out of PS. Case No.-271 Year-2021 Thana- SIWAN CITY District- Siwan ====================================================== VISHAL CHAUHAN @ VISHAL KUMAR Son of Ghura Chauhan Resident of Village - Agu Chhapra, P.S.- Siwan Town, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 323 and 341 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, it is stated that over a trivial dispute relating to bringing of water, the petitioner fired on the informant with his country-made pistol hitting him in his ear.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No such occurrence took place. The manner of occurrence is other than what has been narrated in the FIR. The petitioner is in custody since 28.7.2021 and has no criminal antecedent. The application for bail is opposed by learned APP for

Patna High Court CR. MISC. No.61091 of 2021(3) dt.09-05-2022 2/2 the State who submits that there is direct allegation against the petitioner in the FIR which is supported in the injury report wherein gun shot injury has been found on the face of the informant.

Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner together with the contents of the injury report, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Spd/- U T