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Patna High CourtCR. MISC./64897/2024dismissed

Kundan Kumar @ Kundan @ Gore v. The State Of Bihar

2024-09-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64897 of 2024 Arising Out of PS. Case No.-732 Year-2023 Thana- PATLIPUTRA District- Patna ====================================================== Kundan Kumar @ Kundan @ Gore Son of Deepak Kumar Paswan VillageMainpira, Sidheshwar Nagar, P.S.- Patliputra, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Kumar Kaushlendra, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar-1, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-09-2024 Heard Mr. Kumar Kaushlendra, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.

2. The petitioner seeks bail in Patliputra P.S. Case No. 732 of 2023 registered for the offence punishable under Sections 302/34 of Indian Penal Code and under section-27 of Arms Act.

3. The prosecution is case is that the petitioner alongwith other accused persons are said to have fired upon the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent has been falsely implicated in this case. He submits that in the entire case diary, there is no any material evidence available to connect the petitioner with respect to the offence as alleged in the FIR. He submits that the postmortem

Patna High Court CR. MISC. No.64897 of 2024(2) dt.27-09-2024 2/2 report has not supported the prosecution case as only one firearm injury was found on the body of the deceased. He submits that the petitioner has no criminal antecedent and he is languishing in judicial custody since 03.02.2024. 5.Learned APP for the State opposed the prayer for bail.

6. Considering the facts and circumstances of the case and the nature of the allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for regular bail is rejected in connection with Patliputra P.S. Case No. 732 of 2023.

(Anjani Kumar Sharan, J) Suruchi/- U T