Praduman Kumar @ Praduman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84075 of 2023 Arising Out of PS. Case No.-796 Year-2022 Thana- FATUA District- Patna ====================================================== Praduman Kumar @ Praduman Singh Son Of Dharamvir Singh @ Dharamvir Prasad R/O Village- Jafrabad, P.S.- Fatuha, Dist.- Patna (BIHAR) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned counsel for the informant and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 323, 341, 307, 504/34 of the Indian Penal Code and Section 27 of Arms Act.

Prosecution case in nutshell is that while the daughter of informant was playing, co-accused Ramesh Kumar came on motorcycle and dashed his daughter. When people gather and informant's wife came there

Patna High Court CR. MISC. No.84075 of 2023(2) dt.08-01-2024 2/3 and started arguing with him, Ramesh Kumar started abusing and went from there. It is further alleged that co-accused Ramesh Kumar came there with the petitioner. Petitioner fired upon the informant's wife to which she narrowly escaped. Then, co-accused Ramesh Kumar fired due to which informant's wife sustained gun shot injury above her waist.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no specific allegation against the petitioner rather the specific allegation of firing upon the informant's wife is levelled upon co-accused Ramesh Kumar. Moreover, the petitioner is languishing in judicial custody since 17.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail.

Patna High Court CR. MISC. No.84075 of 2023(2) dt.08-01-2024 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Fatuha P.S. Case No. 796 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Patna City.

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