Pawan Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57632 of 2022 Arising Out of PS. Case No.-142 Year-2022 Thana- AMNAUR District- Saran ====================================================== Pawan Giri Son Of Jai Prakash Giri Resident Of Village - Manorpur, P.S.- Amnaur, District - Saran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ujjawal Bhushan For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 447, 504, 506/34 of the IPC & 27 of the Arms Act. As per prosecution case, informant alleged that on 25.05.2022, the petitioner along with co-accused persons came at his house and started abusing and upon protest, petitioner fired at informant's son namely, Rakesh Kumar Giri due to which he sustained gunshot injury on his leftward portion of chest. After that, they ran away from there.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Both parties are neighbour due to which he has falsely been implicated in this case due to village politics. The petitioner also

Patna High Court CR. MISC. No.57632 of 2022(4) dt.15-03-2023 2/2 filed a counter complaint case against the informant vide complaint Case No. 1491 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 17.06.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that there is direct allegation against the petitioner of shot fire upon the son of the informant due to which he sustained gunshot injury. From perusal of supplementary report with regard to injury, doctor opined that the injury received by injured Rakesh Kumar Giri is grievous in nature. It is further submitted that the petitioner has got one criminal antecedent.

Having heard learned counsel for the parties and considering the facts that there is direct allegation against the petitioner, this court is not inclined to enlarge the petitioner on bail, as such, his prayer for bail stands rejected. The trial court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manish/- U T