Pawan Kumar @ Pawan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4474 of 2023 Arising Out of PS. Case No.-529 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Pawan Kumar @ Pawan Mahto Son Of Manoj Mahto R/V- Mankaul, P.S.- Ariyari, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Sheikhpura P.S. Case No. 529 of 2022 registered under sections 147, 148, 149, 341, 323, 307, 506 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case relates to shot fire by the F.I.R. named accused persons upon one Suraj Kumar but one Sunny Kumar sustained gun shot injury due to shot fire. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ulterior motive. The petitioner is not named in F.I.R. rather his name was transpired

Patna High Court CR. MISC. No.4474 of 2023(2) dt.05-04-2023 2/2 in this case as per the statement of the independent witness Chhotu Kumar Yadav during the course of investigation. The only allegation against the petitioner is that he cooperated with the co-accused persons in this crime, except that nothing has come against the petitioner to implicate in this case. He has not committed any offence as alleged in the F.I.R. It is further submitted that the petitioner is languishing in judicial custody since 26.09.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sheikhpura P.S. Case No. 529 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura.

(Sunil Kumar Panwar, J) shubham/- U T