Chhotan Singh sought bail in a criminal case involving offences under IPC and the Arms Act alleging gun-shot injury. The High Court rejected the bail application, noting direct allegations and corroborative injury reports.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4980 of 2023
Arising Out of PS. Case No.-35 Year-2022 Thana- PIPRAKOTHI District- East Champaran
======================================================
CHHOTAN SINGH @ RAVISHANKAR Son of Uma Shankar Singh Resident of Village- Yamunapur, P.S.- Kalyanpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Priyanka Singh For the Opposite Party/s : Mr. Satyendra Narayan Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 27-04-2023
Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
The petitioner has prayed for bail in connection with Piprakothi P.S. Case No. 35 of 2022 instituted for the offence under Sections 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per allegation in the FIR, the informant alleged that on 31.1.2022 at about 10:20 AM, her husband went to the pond situated at Dumar from his residence at Motihari for fishing, in the meantime, two unknown miscreants shot due to which he sustained gun shot injury. Thereafter, this case has been lodged.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.4980 of 2023(3) dt.27-04-2023 2/3
petitioner is innocent and committed no offence. The prosecution case has been lodged against unknown by the wife of injured person and this petitioner has falsely been made accused in this case on the basis of suspicion. It is further submitted that the petitioner is languishing in judicial custody since 1.10.2022.
Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that from perusal of statement of the injured namely, Nirala Kumar Pandey, which is mentioned vide para-33 of the case diary, it appears that injured has made direct allegation against the petitioner that the petitioner fired upon him due to which he sustained gun shot injury. The injury report of the injured, mentioned in para-49 of the case diary, also corroborates the prosecution case wherein, doctor opined that the injured sustained gun shot injury, caused by firearm, which is grievous in nature.
Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
The trial Court is directed to expedite the trial and
Patna High Court CR. MISC. No.4980 of 2023(3) dt.27-04-2023 3/3
conclude the same as soon as possible.
(Sunil Kumar Panwar, J)
Amandeep/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a case involving gun-shot injury and possession of firearms.
Chhotan Singh @ Ravishankar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
