Deepak Kumar @ Deepak Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65199 of 2021 Arising Out of PS. Case No.-130 Year-2021 Thana- BACHHWARA District- Begusarai ====================================================== DEEPAK KUMAR @ DEEPAK KUNWAR Son of Late Krishna Kunwar @ Late Krishn Kunwar Resident of Village - Rani-01, P.S.- Bachhwara, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2022 Heard learned counsel for the petitioner, the State and the informant.

The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 307 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, petitioner is alleged to have caused gun shot injury to the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. FIR has been lodged after delay of 21 days and there is no explanation of the delay which itself cast doubt on veracity of the occurrence. Petitioner has claimed clean antecedent and he is in custody since 24.8.2021.

Patna High Court CR. MISC. No.65199 of 2021(4) dt.05-05-2022 2/2 Learned counsel appearing for the State as well as the informant oppose the prayer for bail. They submit that the informant sustained two fire arms injury caused by the petitioner. Injury no.1 was caused on the right side knee, whereas injury no.2 was caused in the flank of the abdomen of the informant.

Considering the period of custody of the petitioner and delay in lodging of the FIR, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in Bachhwara Police Station Case No. 130 of 2021.

(Prabhat Kumar Singh, J) shashi/- U T