Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53260 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- BIKRAM District- Patna ====================================================== Abhay Kumar Son of Late Jainandan Singh R/O Village- Fatehpur, P.S.- Paliganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Naveen Kumar Pandey, APP For the Informant ;

Mr. Anuj Kumar, Advocate Mr. Shyam Kishore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-12-2022 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 Bikram P.S. Case No. 120 of 2022 registered for the offence under Sections 307 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 10.05.2022.

The allegation against the petitioner is to cause fire arm injuries to the informant, alongwith other co-accused persons/family members, having intention to cause death of

Patna High Court CR. MISC. No.53260 of 2022(2) dt.14-12-2022 2/3 informant/injured, due to long-standing land disputes. Learned counsel appearing on behalf of the petitioner submitted that the allegation to cause fire arm injuries is available against co-accused Ravi Kumar, whereas F.I.R. itself speaks that the fire made by petitioner did not hit the informant/injured. While concluding the argument, it has been submitted that there is no allegation of repeated firing, negating intention to cause death of the informant/injured and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP duly assisted by learned counsel appearing on behalf of the informant opposes the prayer of bail. Considering the facts and circumstances as mentioned above, as allegation to cause fire arm injuries is specific against co-accused Ravi Kumar, where petitioner is in custody since 10.05.2022 coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bikram P.S. Case No. 120 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI,

Patna High Court CR. MISC. No.53260 of 2022(2) dt.14-12-2022 3/3 Danapur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T