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Patna High CourtCR. MISC./65082/2023bail granted

Jitendra Kumar @ Jitendra @ Ravi Kumar @ Chaso v. The State Of Bihar

2023-10-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65082 of 2023 Arising Out of PS. Case No.-80 Year-2022 Thana- EAST COLONY District- Munger ====================================================== Jitendra Kumar @ Jitendra @ Ravi Kumar @ Chaso Son Of Prakash @ Prakash Yadav Village- Naya Gaon Baddipara Ps- East Colony Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-10-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with East Colony P.S. Case No. 80 of 2022 dated 27.10.2022 registered for the offences punishable u/ss 341, 323, 307, 326, 504 and 506 read with section 34 of the Indian Penal Code and section 27 of the Arms Act

4. As per the prosecution case, the petitioner and the coaccused person boarded on a motorcycle came and caught hold of the informant and the petitioner abused and fired in the abdomen of the informant at point blank range. The injured was taken to hospital for treatment.

Patna High Court CR. MISC. No.65082 of 2023(2) dt.13-10-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per annexure-3 filed on behalf of the petitioner, the injury report shows that a bullet shaped metallic opacity seen in right side abdomen and no visceral injury was seen. Lacerated wound size 2x2 cm over right hypochondrium region depth-not perceived. The petitioner is accused in three criminal cases which are not of similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 02.11.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that there is specific allegation of firing against the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody and opacity of bullet injury, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Munger in connection with East Colony P.S. Case No. 80 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T