Patna High CourtCR. MISC./54650/2023rejected

Ganga Nand Jha v. The State Of Bihar

2023-09-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54650 of 2023 Arising Out of PS. Case No.-461 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== GANGA NAND JHA SON OF LATE CHANDRA NAND JHA RESIDENT OF VILLAGE- BHATTABARI, WARD NO. 9, PS- FORBESGANJ, DISTTARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 307, 326/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with another is of firing upon the informant due to which, he sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The informant and the petitioner are own brother and a land dispute is going on between them. He is languishing in judicial custody since 14.06.2023.

Patna High Court CR. MISC. No.54650 of 2023(3) dt.20-09-2023 2/2

5. Learned APP for the State has opposed the application for bail and submitted that petitioner is named in the FIR and he has been made accused in two more cases. He further submitted that there is specific allegation of firing upon the informant is against the petitioner, due to which he sustained injury, which corroborates the prosecution case. As per injury report of the informant, the doctor opined that the injury is grievous in nature caused by fire-arms, which is annexed with the case diary. During investigation several witnesses have also supported the prosecution case.

6. 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.

7. The trial Court is directed to conclude the trial expeditiously.

(Sunil Kumar Panwar, J) arish/- U