Bouna Singh @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4735 of 2020 Arising Out of PS. Case No.-293 Year-2015 Thana- BARAUNI District- Begusarai ====================================================== Bouna Singh @ Krishna Kumar Son of Banke Singh Resident of Village - Simariya, P.S.- Barauni (Chakiya O.P.), Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Barauni P.S. Case No. 293 of 2015, registered for the offence punishable under Section 341, 323, 324, 326, 307, 120B, 34 and 302 of the Indian Penal Code.

The allegation is regarding the accused persons having fired gunshots causing injuries on the person of the brother of the informant.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he is having a clean antecedent. It is submitted that the petitioner is not named in the FIR and his name has transpired upon confessional statement made by the coaccused person, namely, Chandan Kumar, whose name

Patna High Court CR. MISC. No.4735 of 2020(2) dt.23-01-2020 2/2 has also transpired upon confessional statement made by one other co-accused and the said co-accused person, namely, Chandan Kumar, has already been granted bail by a coordinate Bench of this Court vide order dated 22.2.2017 passed in Criminal Miscellaneous No. 5594 of 2017. The petitioner is stated to be languishing in custody since 11.5.2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, as also considering the parity of the case of the petitioner with that of the co-accused person, namely, Chandan Kumar, who has already been granted bail by a coordinate Bench of this Court, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Barauni P.S. Case No. 293 of 2015.

(Mohit Kumar Shah, J) Ajay/- U T