Manish Patel @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2336 of 2024 Arising Out of PS. Case No.-281 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== Manish Patel @ Manish Kumar S/O Gena Raut R/O Village- Kanchhedwa, Harsidhi, Babutola, P.O And P.S- Harssidhi, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravin Kumar, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-04-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Harsidhi P.S. Case no. 281 of 2021 registered under sections 307, 341, 323, 504 and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, it is stated that on the orders of Abhimanyu Singh, the petitioner and one Pappu Singh fired from the pistol as a result of which the informant sustained gun shot injury.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. As against the allegation of firing by two persons including the petitioner, there is only one injury which has been found on the informant. The
Patna High Court CR. MISC. No.2336 of 2024(3) dt.16-04-2024 2/2 petitioner is in custody since 4.9.2023 and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned APP for the State who submits that as per the injury report, a gun shot injury has been found on the body of the informant which substantiates the allegations in the F.I.R. The nature of injury is said to be grievous.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R together with the contents of the injury report according to which grievous injury caused by fire arm has been found on the body of the informant, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. (Partha Sarthy, J) Harsh/- U T