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Patna High CourtCR. MISC./53680/2022rejected

Bablu Kumar v. The State Of Bihar

2023-02-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53680 of 2022 Arising Out of PS. Case No.-105 Year-2021 Thana- BHADAUR District- Patna ====================================================== Bablu Kumar Son Of Sanket Singh @ Shaket @ Sanketi Singh R/O Bakawan, P.S.- Bhadaur, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 324, 326, 307 of the Indian Penal Code and Section 27 of Arms Act. The prosecution case in nutshell is that when the informant was sitting near Muhane River, petitioner opened fire on him which hit upon shoulder of the informant due to which he sustained gun shot injuries. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this. Both parties are agnates and there is no intention

Patna High Court CR. MISC. No.53680 of 2022(3) dt.15-02-2023 2/2 of petitioner to fire upon the informant. There is an inordinate delay of 3 days in lodging the F.I.R. Moreover, the petitioner is in judicial custody since 24.05.2022. A statement has been in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that petitioner has opened fire with intention to kill the informant. Injury report also supports the prosecution version of the case.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. Learned trial court is directed to expedite the trial and conclude the same as soon as possible. (Sunil Kumar Panwar, J) nirajkrs/- U T