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2025 Supreme(Online)(Pat) 3645

PATNA HIGH COURT
Prabhat Kumar Singh, J
Mahesh Kumar – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Abhishek Kumar
For the Respondents: Mr. Syed Mojibur Rahman

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 01-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act .

3. As per prosecution case, it is alleged that this petitioner, along with other F.I.R. named accused persons and three to four unknown persons, fired upon the informant as a result of which he sustained three gun shot injuries.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, due to land dispute between the parties, this false and concocted case has been lodged. Allegation of firing is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. As per F.I.R., seven accused persons are alleged to have fired upon the informant, however, the informant sustained only three gun shot injuries which itself falsifies the entire prosecution case. Moreover, similarly situated co-accused person, namely Suraj Kumar, has already been granted bail by a Co-ordinate Be

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