Mukesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.43720 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43720 of 2017 Arising Out of P.S.Case No. -121 Year- 2017 Thana -BHANGWANPUR HAT District- SIWAN ====================================================== Mukesh Kumar, Son of Raju Sah, Resident of Village- Mirjumala, P.S.- Bhagwanpur, District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Harendra Prasad, Advocate For the Opposite Party : Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 20-09-2017 Heard.

The petitioner is in custody in connection with Bhagwanpur Hat P.S.Case No.121 of 2017 pending in the court of ACJM-II, Siwan registered for an offence under Section 307 of the IPC and 27 of the Arms Act.

The fardbeyan of the informant was recorded at PHC Bhagwanpur, District-Siwan. It has been alleged that on 30.05.2017 in the morning at about 8.25 A.M. when he demanded the dues amount from the petitioner, he shot fire causing injury on his right wrist. The informant was moved to PHC and thereafter referred to higher medical institute for better treatment. Learned counsel for the petitioner submits that the informant of this case had his evil eyes over his wife for which a

Patna High Court Cr.Misc. No.43720 of 2017 (2) dt.20-09-2017 complaint case no.1168 of 2017 was lodged subsequent to the lodging of the FIR by the informant. Petitioner is in custody since 05.06.2017, having no criminal antecedent and so he deserves to be enlarged on bail.

The learned APP opposed the submission.

Considering the specific and direct allegation of causing fire arm injury on the informant by this petitioner, I am not inclined to enlarge the petitioner on bail. Prayer is rejected. (Sanjay Kumar, J) B.Kr./- U T