Patna High CourtCR. MISC./82115/2023dismissed

Upendra Mandal v. The State Of Bihar

2024-01-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82115 of 2023 Arising Out of PS. Case No.-520 Year-2021 Thana- AMARPUR District- Banka ====================================================== Upendra Mandal Son of Gujru Mandal @ Gujra Mandal, R/o Village- Kajra, P.S.- Amarpur, Dist.- Banka.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Nurul Hoda, Advocate.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Amarpur P.S. Case No.520 of 2021, registered for the offences punishable under Sections 307/34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, the allegation against the petitioner is that due to previous enmity the petitioner alongwith three unknown persons came at the door of the informant and shot her in the stomach.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the informant is maternal aunt of the petitioner and due to land dispute the petitioner has been falsely implicated in this case. He also submits that petitioner is

Patna High Court CR. MISC. No.82115 of 2023(2) dt.11-01-2024 2/2 in custody since 20.08.2023 and he has one criminal antecedent in which he is on bail.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner and submits that there is direct allegation of gun shot injury on the informant.

6. Considering the fact that there is specific allegation against the petitioner that he made gun shot injury on the stomach of the informant which is corroborated during the investigation, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of petitioner is rejected in connection with Amarpur P.S. Case No.520 of 2021. (Sunil Dutta Mishra, J) Ritik/- U T