Surya Kumar @ Sapan Kumar @ Sapan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5528 of 2024 Arising Out of PS. Case No.-516 Year-2023 Thana- BARH District- Patna ====================================================== Surya Kumar @ Sapan Kumar @ Sapan Son of Fateh Singh Resident of Village- Pothmapar Behna, P.S.- Barh, Distt.-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aryan Singh For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 307/34 of the Indian Penal Code and Sections 25(1-B) a, 26, 37, 27 of the Arms Act. It is alleged that co-accused Pankaj Kumar, Chandan Kumar and Surjeet Kumar shot fire at the brother of the informant, as a result of which, he sustained gunshot injuries.
Patna High Court CR. MISC. No.5528 of 2024(2) dt.09-02-2024 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and the specific allegation of shot fire is against other co-accused persons, not the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the occurrence. The petitioner is languishing in custody since 12.09.2023. A statement has been made in para 3 of the petition that petitioner is accused in two other cases apart from the present one. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief
Patna High Court CR. MISC. No.5528 of 2024(2) dt.09-02-2024 3/3 Judicial Magistrate, 1st Barh in connection with Barh P.S. Case No. 516 of 2023.
(Sunil Kumar Panwar, J) Shageer/- U T