Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76744 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Prince Kumar S/O Prahalad Mishra @ Prahlad Mishra Village- Gaddopur, Ps. Mahua, Dist. Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Thakur, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-02-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Mahua P.S. Case no. 34 of 2023 registered under sections 307 and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is said to have resorted to indiscriminate firing with his pistol as a result of which the informant sustained gun shot injuries.
4. Learned counsel for the petitioner submits that the petitioner has been falsely been implicated in the case. No such occurrence as alleged has been taken place. It is for this reason that there is no independent eyewitness although the occurrence is said to have taken place in the day time in the market place.
Patna High Court CR. MISC. No.76744 of 2023(6) dt.29-02-2024 2/2 The petitioner is in custody since 28.7.2023 and has no criminal antecedent.
5. The application for bail is opposed by learned APP for the State who submits that as per the injury report of the informant he sustained gun shot injury in his abdomen as also on his left elbow.
6. In response it is submitted by learned counsel for the petitioner that only one injury on the left elbow has been found to be grievous in nature.
7. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R of having resorted to indiscriminate firing on the informant together with the injury report supporting the allegations levelled according to which the informant has sustained gun shot injuries in his abdomen as also on his left elbow, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
(Partha Sarthy, J) Harsh/- U T