Shambhu Pradhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54806 of 2023 Arising Out of PS. Case No.-113 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== SHAMBHU PRADHAN SON OF GANGA PRADHAN RESIDENT OF VILLAGE- BETAUNA, PS- JAYNAGAR, DISTT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, the informant alleged that the petitioner in connivance with co-accused persons came at her house and stated threatening and in the meantime the petitioner fired upon her due to which she sustained injury on her right head and nose by fire arm.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Due to previous dispute, he has falsely been implicated in this case. There is inordinate delay of 14 days in lodging the FIR without given any cogent reason. As

Patna High Court CR. MISC. No.54806 of 2023(3) dt.08-11-2023 2/2 per Annexure-2, it appears that one lacerated wound on the right side of scalp and one wound on nose of the informant were sustained. It is further submitted that the petitioner is languishing in judicial custody since 01.05.2023.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of Bail and submitted that the petitioner is named in the FIR and he fired upon the informant due to which she sustained injuries and as per Annexure-2, series which is annexed with counter affidavit it appears that the injuries are grievous in nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Jaynagar P.S. Case No. 113 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum Special Judge, Madhubani.

(Sunil Kumar Panwar, J) Manishkr/- U T