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2025 DAILYLAW 86138 (PAT)

Prince kumar v. The State of Bihar

CR. MISC./87117/2024 · 2025-02-21

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87117 of 2024 Arising Out of PS. Case No.-189 Year-2024 Thana- HARNAUT District- Nalanda ====================================================== Prince kumar S/o- Masudan yadav village- Sagarpur Ps- kalyan Bigha harnaut Dist- Nalanda ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar, Advocate For the State : Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 21-02-2025 Heard learned counsels for the parties. 2. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341 and 307 of the Indian Penal Code. 3. As per prosecution case, this petitioner gave pistol to co-accused Dabloo Kumar who shot on the chest of informant. 4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of causing fire arm injury is against co-accused Dabloo Kumar. So far as this petitioner is concerned, there are general and omnibus allegations and there is no specific accusation of overt act. Moreover, F.I.R. has been lodged after inordinate delay of Patna High Court CR. MISC. No.87117 of 2024(4) dt.21-02-2025 2/2 11 days and there is no plausible explanation for the same. Petitioner is in custody since 02.09.2024. Moreover, charge- sheet has already been submitted. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances, nature of accusation and period of custody, the prayer for grant bail of to the petitioner is allowed. 7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Nalanda, Biharsharif in connection with Harnaut P.S. Case No. 189 of 2024. shashank/- (Prabhat Kumar Singh, J) U T