Birbal Mehra @ Birbal Kumar @ Birbal Kumar Ram @ Birval Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69651 of 2021 Arising Out of PS. Case No.-99 Year-2020 Thana- PURAINI District- Madhepura ====================================================== BIRBAL MEHRA @ BIRBAL KUMAR @ BIRBAL KUMAR RAM @ BIRVAL KUMAR RAM S/o Ramdev Ram @ Timmu Mehra R/o villageMakadampur, Kahartoli, P.S.- Puraini, District- Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Singh For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding. The petitioner seeks bail in connection with Puraini P.S. Case No. 99 of 2020 registered for the offences punishable under Sections 341, 323, 307/34 of the I.P.C and under section 27 of Arms Act.

As per prosecution case, the petitioner is alleged to have fired upon the informant which hit upon the chest of informant.

Learned counsel for the petitioner submits that petitioner is in custody since 04.03.2021 and bears two criminal

Patna High Court CR. MISC. No.69651 of 2021(4) dt.21-09-2022 2/2 antecedent which is not similar to the present case. He further submits that there is old enmity and land dispute between the family of petitioner and the informant's uncle and for this reason the name of the petitioner has been dragged in this case. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner submitting that there is specific allegation against the petitioner and the same is corroborated by the injury report.

Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner, coupled with injury report and also taking into consideration the materials available on record, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of petitioner is hereby rejected. (Alok Kumar Pandey, J) vasudha/- U T