← Library
Patna High CourtCR. MISC./64051/2018rejected

Doman Gope @ Doman Prasad v. The State Of Bihar

2019-01-09Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64051 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- KARAI PARSURAI District- Nalanda ====================================================== Doman Gope @ Doman Prasad, S/o Late Krishna Gope, Resident of VillageRupashpur, P.S.-Chiksaura, District-Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Zaki Haider For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Karai Parsurai P.S. Case No. 43 of 2018 registered under Sections 341, 323, 504, 324, 307 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is said to have assaulted on the abdomen of the husband of the informant by means of firearm. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has been falsely implicated in this case over the petty dispute as he happens to be neighbour of the informant. He has no criminal antecedent. He has been languishing in

Patna High Court Cr.Misc. No.64051 of 2018(3) dt.09-01-2019 2/2 custody since 25.05.2018.

On the other hand, learned APP opposing the bail prayer of the petitioner submitted that the petitioner has resorted firing on the abdomen of the husband of the informant and doctor has also found the firearm injury in his abdomen which has been opined as grievous in nature.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer is rejected.

However, learned court below is directed to conclude the trial as expeditiously as possible preferably within six months from the date of commitment of the case. (Prakash Chandra Jaiswal, J) rohit/- U T