Subin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3136 of 2023 Arising Out of PS. Case No.-529 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== SUBIN KUMAR S/O JITENDRA MAHTO Resident of village- Mankaul, P.S.- Ariyari, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Kumar, Adv.

Mr. Bharat Lal, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Sheikhpur P.S. Case No. 529 of 2022 dated 05.09.2022 registered for the offences punishable under sections 147, 148, 149, 341, 323, 307, 506 and 504 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution case, the petitioner and the coaccused persons along with eight to ten unknown miscreants started firing on Suraj Kumar which hit one Sunny Kumar and Sunny Kumar sustained gun shot injury below the knee of his left leg.

Patna High Court CR. MISC. No.3136 of 2023(2) dt.27-04-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the injured Sunny Kumar sustained gun shot injury below the knee of the left leg which is on non-vital part of the body. Similarly situated coaccused has already been granted bail by the co-ordinate bench vide order dated 06.04.2023 passed in Cr. Misc. No. 73638 of 2022. The petitioner is also accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 26.09.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheikhpura in connection with Sheikhpura P.S. Case No. 529 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T