Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11186 of 2024 Arising Out of PS. Case No.-164 Year-2023 Thana- JANDAHA District- Vaishali ====================================================== Prakash Kumar S/O INDAL SAHNI VILLAGE- DHANDHUA, PS. JANDAHA, DIST. VAISHALI.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parijat Saurav For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 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 section 395, 397, 506 of the Indian Penal Code and Section 25(1-b)a, 27 of the Arms Act.

3. As per FIR, the allegation against 6 unknown miscreants is that they boarded on two motorcycles came and fired upon one Amarjeet Kumar due to which he sustained injury on his head. It is further alleged that miscreants after snatching cash Rs. 27,000/-, ATM Card, PAN Card and motorcycles fled away.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.11186 of 2024(2) dt.22-02-2024 2/2 committed no offence. He has falsely been implicated in this present case merely on the basis of confessional statement of co-accused, namely, Roshan Kumar. The petitioner is not named in the FIR and he has no concern with the alleged occurrence. Neither the petitioner was put on TIP nor any looted article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 22.09.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jandaha P.S. Case No. 164 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishalit at Hajipur. (Sunil Kumar Panwar, J) Manishkr/- U T