Single judge order granting bail application rejected due to serious allegations of attempted murder and firearm injury corroborated by medical report. Court advised renewal of prayer after framing of charges.
Petitioner's prayer for regular bail is rejected; liberty to renew prayer after framing of charges.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6386 of 2023
Arising Out of PS. Case No.-404 Year-2022 Thana- CHAKAND District- Gaya
======================================================
PURSHOTTAM KUMAR S/O-Prem Kumar Resident of Village- Bitho Sharif, P.S.- Chakand, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mrs. Renu Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 22-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks regular bail in connection with Chakand P.S. Case No. 404 of 2022, registered for the offences punishable under Sections 341, 323, 307, 379 and 324/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per the prosecution, the informant was assaulted by the petitioner by means of brick at his back and co-accused Ajit Kumar hit the informant at his head with a brick. Further it is alleged that this petitioner opened fire at the informant’s cousin namely, Santosh Kumar which grazed his cheek.
The main submissions advanced by petitioner’s counsel are that in between the petitioner’s family and informant’s
Patna High Court CR. MISC. No.6386 of 2023(2) dt.22-03-2023 2/3
family a civil litigation is running with regard to the partition dispute and in this regard Annexure- 3 has been filed, the entire family members of the petitioner have been made accused in the present matter and the proceeding under Section 144 of Cr.P.C. is also running in between both the parties. Further submission is that the petitioner is a student of B.Ed course and his examination is to be held very soon and he has been languishing in jail since 26.11.2022.
Learned counsel appearing for the informant has vehemently opposed the prayer for bail and submitted that there is specific and direct allegation against the petitioner as to have fired at the cousin brother of the informant and the said injured sustained firearm injury as per the order impugned.
Considering the serious and specific allegation appearing against the petitioner that he allegedly fired at the cousin brother of the informant and the said allegation gets corroboration from the injury sustained by the said injured as per the order impugned, in my opinion it is not a fit case for bail to the petitioner. Accordingly, petitioner’s prayer for bail stands rejected.
The petitioner may renew his prayer for bail after framing of charge before the trial court, if he avails the said
Patna High Court CR. MISC. No.6386 of 2023(2) dt.22-03-2023 3/3
liberty then the trial court will decide his bail prayer on merit.
(Shailendra Singh, J.)
maynaz/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail considering serious allegations of attempted murder and firearm injury corroborated by medical orders.
Whether the pending civil litigation and arrest warrant proceedings constitute sufficient grounds for bail.
2 provisions across 2 enactments
Purshottam Kumar
The State of Bihar
Shaileendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
