IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81193 of 2024 Arising Out of PS. Case No.-226 Year-2024 Thana- BHAGWANPUR District- Vaishali ====================================================== Pushkar Kumar Son of Sujeet Kumar Resident of village-Hansi Kewal, P.S- Bhagwanpur, Distt.- Vaishali ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhay Kumar, Advocate For the Opposite Party/s : Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 5 17-03-2025 Heard Mr. Abhay Kumar, learned counsel for the petitioner and Mr. Mohammad Sufiyan, learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 109, 3(5) of the B.N.S. and Section 27 of the Arms Act. 3. The case of the prosecution is that the father of the informant was going to his house bringing milk from his ‘bathan’. As he reached about 25-30, meters ahead of his ‘bathan’, the petitioner stopped him. His grandfather Haribansh Singh was also there. He ordered to assault. On this Pushkar Kumar fired in his pistol. The first was escaped by the informant then the petitioner made second fire which hit in the thy of the informant. Thereafter, the villagers assembled there Patna High Court CR. MISC. No.81193 of 2024(5) dt.17-03-2025 2/3 then the accused persons fled away. Accordingly, the FIR. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. He further submits that there is delay in lodging of the FIR of 18 hours and that although all the witnesses are heresay witnesses. The FIR is based on the ‘fardbeyan’ of the injured, who has specifically stated that one gun shot injury was received by him which was fired by Pushkar Kumar (the petitioner herein). From perusal of the injury report, it transpires that doctor has found bleeding wound from left pelvis region. The measurement of injury is ½ x ½ over the left upper on thy with charing and singing of skin. It is further submitting that since there is only one gun shot injury and that too is on the thy as per the FIR and moreover, the petitioner is languishing in judicial custody since 03.09.2024. 5. Learned APP appearing for the state has opposed the prayer of regular bail. 6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhagwanpur P.S. Case No. 226 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two Patna High Court CR. MISC. No.81193 of 2024(5) dt.17-03-2025 3/3 sureties of the like amount each to the satisfaction of learned ACJM-VI, Vaishali at Hajipur. Jagdish/- (Ashok Kumar Pandey, J) U T