Patna High CourtCR. MISC./2815/2022bail granted

Madhu Kumar @ Binod Kumar Madhukar v. The State Of Bihar

2022-03-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2815 of 2022 Arising Out of PS. Case No.-193 Year-2021 Thana- PIRBAHOR District- Patna ====================================================== Madhu Kumar @ Binod Kumar Madhukar Son Of Sharda Prasad @ Sharda Nandan Prasad R/O - Staff Quarter Block C, P.M.C.H., P.S.- Pirbahore, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Kumar Maharaj,Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-03-2022 Heard learned counsel for the parties through video conferencing.

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

As per the FIR, co-accused Niraj Kumar @ Kallu fired upon son of informant causing injury to him near left eye and nose.

It is submitted on behalf of petitioner that as per F.I.R. itself, specific allegation of firing is against co-accused Niraj Kumar @ Kallu. No specific overt act has been alleged against this petitioner. Similarly situated co-accused Rupesh Kumar has already been granted bail, vide order dated 01.12.2021 in Cr.Misc. No. 52853/2021. Petitioner claims clean antecedent

Patna High Court CR. MISC. No.2815 of 2022(2) dt.25-03-2022 2/2 and he is in custody since 30.09.2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Patna in connection with Pirbahore P.S. Case No. 193 of 2021, G.R. No. 3109 of 2021.

(Prabhat Kumar Singh, J) anay/- U T