Bharat Paswan Vs The State of Bihar

The petitioner seeks bail in connection with Sigori P.S. Case No. 18 of 2023 registered for the offences punishable under Section 307 of the Indian Penal Code and Section 25(9) and 27 of the Arms Act.

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As per prosecution case, there is allegation that informant sustained gun shot injury in the right thigh from unknown person and his treatment was going on in AIIMS Hospital, Patna. The informant did not identify anyone due to darkness, and hence, F.I.R. was lodged against unknown.

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Learned counsel for the petitioner submits that petitioner is not named in F.I.R. The name of the petitioner has

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Patna High Court CR. MISC. No.66000 of 2023(4) dt.08-01-2024 2/3

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been surfaced during the course of the investigation that he is the person who has fired from his pistol which hit the right thigh of the informant. He further submits that during the course of investigation, it has been found that petitioner has neither intention nor motive to fire against the informant rather during the course of small scuffle firing has been taken place incidentally. Petitioner is in custody since 28.05.2023 and bears criminal antecedent of one case.

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The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner by submitting that witnesses, namely, Chandramukhi Devi and Arti Devi, as mentioned in para 5 and 8 of the case diary respectively, have made their statements during the course of the investigation that petitioner has fired from his pistol which hit the right thigh of the informant and the same is corroborated by the injury report of informant.

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Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with injury report as well as material available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.

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However, the learned trial court is directed to conclude the trial, preferably within six months, from the date of receipt/production of copy of this order to the court concerned. If

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Patna High Court CR. MISC. No.66000 of 2023(4) dt.08-01-2024 3/3

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the trial is not concluded within the stipulated period, petitioner

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may renew his prayer for bail.

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(Alok Kumar Pandey, J)

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alok/-

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