Patna High CourtCR. MISC./81133/2023bail granted

Prince Kumar v. The State Of Bihar

2023-12-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81133 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== Prince Kumar Son Of Shambhu Yadav R/O Village- Pirnagra, Ward No. 7, P.S.- Beldaur, Dist.- Khagaria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Satish Chandra, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Beldaur P.S. case No. 39 of 2023 instituted for the offence under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution allegation, in short, is that the petitioner along with four accused persons came to the shop of the younger brother of the informant and purchased clothes and on demand of money, the petitioner told that he will pay tomorrow which was objected. Thereafter, the accused persons returned and in the evening again came to the house of the informant and asked about younger brother of the informant. The petitioner fired at the informant which did not hit and informant fled away.

4. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.81133 of 2023(2) dt.22-12-2023 2/2 the petitioner is in custody since 25.03.2023 and has three criminal antecedents in which he is on bail. The petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that the nature of injury is found to be simple. Hence, no case under Section 307 I.P.C. is made out. There is no any fire arm injury found on the person of the injured.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Beldaur P.S. case No. 39 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T