Miltan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3838 of 2024 Arising Out of PS. Case No.-247 Year-2022 Thana- GOGRI District- Khagaria ====================================================== Miltan Kumar SON OF BILLO YADAV @ VILO YADAV RESIDENT OF VILLAGE- BASUA, PS- PASRAHA, DISTT- KHAGARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parmatma Singh For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 386, 307, 341, 504, 506/34 of the Indian Penal Code and section 27 of the Arms Act.
3. The case of prosecution is that while the informant and his friends were going towards Saharsa, the petitioner along with other co-accused persons surrounded and started assaulting them due to non-fulfillment of extortion money. The petitioner and co-accused Ranjit yadav also fired but the informant and other narrowly escaped.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further
Patna High Court CR. MISC. No.3838 of 2024(2) dt.01-02-2024 2/2 submitted that no one sustained injury by firearm in the alleged incident. No any illegal arms have been recovered from conscious possession of the petitioner rather he has falsely been implicated in this case. It is further submitted that the petitioner is languishing in judicial custody since 18.4.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gogri (Poura) P.S. Case No. 247 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Khagaria.
(Sunil Kumar Panwar, J) Amandeep/- U T