Patna High CourtCR. MISC./8263/2024bail granted

Prakash Kumar v. The State Of Bihar

2024-02-19Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8263 of 2024 Arising Out of PS. Case No.-340 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== Prakash Kumar, Son of Late Bijendra Yadav, Resident of Village- Rahta, PSkumarkhand, District- Madhepura, State- Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kuldeep Kumar, Adv.

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-02-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Kumarkhand P.S. Case No. 340 of 2022 dated 05.10.2022 registered for the offences punishable under Sections 341, 323, 307, 504 and 506 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by the learned counsel for the petitioner are that as per the FIR, the main allegation of causing firearm injury to the informant is against co-accused Raja Kumar and there is no specific allegation against this petitioner and the FIR was lodged one day after the commission of the alleged occurrence and the petitioner has been languishing in jail since 16.10.2023 and against him, there

Patna High Court CR. MISC. No.8263 of 2024(2) dt.19-02-2024 2/2 is criminal antecedent of one case in which he is on bail. Further submission is that similarly situated co-accused persons namely Santosh Kumar and Keshav Kumar have been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. Nos. 79546/2023 and 61815/2023 respectively and against the petitioner, the investigation has been completed. Further submission is that the petitioner is a young person.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly taking into account the young age of the petitioner and his custody period, this Court is inclined to accept his bail prayer. Accordingly, let the petitioner named-above 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 the concerned Court in connection with Kumarkhand P.S. Case No. 340 of 2022.

(Shailendra Singh, J) annu/- U T