Mohan Nonia @ Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74060 of 2022 Arising Out of PS. Case No.-210 Year-2020 Thana- HALSI District- Lakhisarai ====================================================== Mohan Nonia @ Mohan Kumar S/O Chandrika Noniya Resident Of VillageMahrath, P.S.- Halsi, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the IPC and Section 27 of Arms Act.

As per prosecution case, informant alleged that on 06.11.2020, while her mother was returning home from work, in the meantime, petitioner along with co-accused persons assaulted her mother and fired upon her mother due to which she sustained injury and died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence.

Patna High Court CR. MISC. No.74060 of 2022(3) dt.20-04-2023 2/3 Petitioner is brother-in-law of the deceased and a family dispute is going on between them due to which he has falsely been implicated in this case. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 04.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that there is specific allegation against the petitioner of shot fire upon the mother of the informant due to which she shot dead. From perusal of post-mortem report, there were two entry wounds found on the body of the deceased and doctor opined cause of death of the deceased is shock secondary rupture of lungs due to bullet injury, which corroborates the prosecution version. During investigation independent witness also supported the prosecution version which is mentioned in para 98 of the case diary.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.74060 of 2022(3) dt.20-04-2023 3/3 The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manish/- U T