Patna High CourtCR. MISC./76678/2024bail rejected

Dilip Kumar Das @ Dilip Das v. The State Of Bihar

2025-01-18Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76678 of 2024 Arising Out of PS. Case No.-4 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== Dilip Kumar Das @ Dilip Das S/o- Vishnudev Das Village - Datuar , P.s.- Khajauli, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Pallavi For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-01-2025

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

2. The petitioner seeks bail in Khajauli P.S. Case No.04/2023, registered for the offence punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases and is alleged to have fired causing firearm injury to the informant. The learned counsel next submits that petitioner has been falsely implicated in the instant case on account of previous dispute. It is further submitted that even presuming what has been alleged is true without admitting allegation then the injury suffered by the injured is simple in nature. It is next submitted that the

Patna High Court CR. MISC. No.76678 of 2024(2) dt.18-01-2025 2/2 occurrence was committed on 06.01.2023 and the F.I.R. was instituted on 07.01.2023 i.e. after a delay of one day and the petitioner is in custody since 31.07.2024 and the injury report is from a private institution.

4. Learned A.P.P. opposes the prayer for bail of the petitioner and submits that there is specific allegation against this petitioner of firing causing firearm injury to the informant. It is also submitted that if any occurrence of the nature as alleged is committed the first reaction of the injured is to get treated in a private hospital. It is next submitted that informant has suffered firearm injury as has been recorded in the order impugned also.

5. Considering the submissions made by the learned APP, the Court is not inclined to enlarge the petitioner on bail.

6. The regular bail application of the petitioner is rejected.

(Satyavrat Verma, J) amit/- U T