Babulal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68809 of 2022 Arising Out of PS. Case No.-363 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== BABULAL MANDAL S/o Late Biro Mandal R/o Village- Tintanga Karari, P.S.- Gopalpur, Distt- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-07-2023 1.

Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State. 2.

Petitioner seeks regular bail in connection with Gopalpur P.S. Case No.363 of 2022 dated 22.07.2022 registered for the offence/s punishable under Section/s 341 and 307 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

As per the prosecution, the informant alleged that this petitioner opened fire at him causing fire-arm injury at his right hand's elbow and right leg's thigh. 4.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner has been languishing in jail since 29.08.2022 and informant sustained injuries on non-vital part of his body and against the petitioner

Patna High Court CR. MISC. No.68809 of 2022(4) dt.31-07-2023 2/3 the investigation has been completed. Further submissions are that the petitioner and informant are own brothers and the FIR goes to show that the alleged occurrence was not pre-planned and the same took place on account of grazing of she-goat and buffalo.

5.

Learned counsel appearing for the Informant has vehemently opposed the bail prayer of the petitioner and submitted that against the petitioner there is serious allegation and he has criminal antecedent of two cases.

6.

Learned APP appearing for the State also opposes the bail prayer.

7.

Heard both the sides and perused the FIR and the injury report of the informant filed as Annexure-2. Though the alleged occurrence took place in the spur of moment on account of a dispute arose due to grazing of she-goat and buffalo at the place of occurrence but as per allegation the petitioner fired repeatedly at the informant and caused two firearm injuries which have been opined to be grievous in nature as per informant's injury report and the petitioner has criminal background as well. Considering these facts, in the opinion of this Court the petitioner does not deserve to the privilege of bail. Accordingly, his bail prayer stands rejected.

Patna High Court CR. MISC. No.68809 of 2022(4) dt.31-07-2023 3/3 8.

Petitioner may renew his bail prayer after the framing of charge, if the same has not been framed. (Shailendra Singh, J) sangam/- U T