Patna High CourtCR. MISC./56366/2023bail rejected

Sohan Kumar Nayak v. The State Of Bihar

2024-02-12Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56366 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== SOHAN KUMAR NAYAK S/O LATE SHIV NARAYAN NAYAK R/O VILLAGE- SANGHAT CHOWK, PS. MADHEPUR, DIST. MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Madhepur P.S. Case No. 26 of 2023 registered for the offences punishable under Sections 143, 341, 323, 353, 307, 120(B), 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, petitioner is said to have fired from his country made pistol upon Chowkidar Hira Khan which hit on the chest as a result of which he sustained injury and fell down on the ground.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He further submits that there is enmity between both the parties since long due to common passage and

Patna High Court CR. MISC. No.56366 of 2023(6) dt.12-02-2024 2/2 petitioner has been falsely implicated in this case. Petitioner is in custody since 08.02.2023 and bears no criminal antecedent.

5. Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner by submitting that there is specific allegation of firing against the petitioner and the same is corroborated by the injury report of victim.

6. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with injury report as well as material available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.

7. However, the learned trial court is directed to conclude the trial as early as possible.

(Alok Kumar Pandey, J) shahzad/- U T