Patna High CourtCR. MISC./6827/2024bail granted

Amit Kumar @ Bhola v. The State Of Bihar

2024-02-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6827 of 2024 Arising Out of PS. Case No.-387 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Amit Kumar @ Bhola SON OF BILTU RAY @ VILTU RAY RESIDENT OF VILLAGE- BALDIHA, BALUA TOL, WARD NO. 3, PS- JAYNAGAR, DIST- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jaynagar P.S Case no.387 of 2023 registered under sections 307, 341 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that he was stopped by the seven named accused persons including the petitioner herein. Thereafter Manish Ray fired at him causing gunshot injury.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Even as per the allegations in the FIR, the specific allegation is against co-

Patna High Court CR. MISC. No.6827 of 2024(2) dt.17-02-2024 2/2 accused Manish Ray and not the petitioner herein. The petitioner is in custody since 16.9.2023.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the specific allegation of firing being on co-accused Manish Ray and not the petitioner herein, the petitioner being in custody for 5 months since 16.9.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Jaynagar P.S Case no.387 of 2023 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, Madhubani.

(Partha Sarthy, J) Shiv/- U T