Saurav @ Saheb @ Saurabh Kumar @ Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6353 of 2023 Arising Out of PS. Case No.-254 Year-2019 Thana- NAGAR District- Vaishali ====================================================== SAURAV @ SAHEB @ SAURABH KUMAR @ SAURAV KUMAR Son of Pradyuman Singh Resident of Village- Diwantok, P.S.- Gangabridge, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 393/307 of the Indian Penal Code and Section 27 of Arms Act. As per prosecution case, the informant alleged that while he was returning to Patna by his motorcycle, in the meantime, three miscreants came and attempted to snached his motorcycle. On protest, they shot fired upon the informant and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been

Patna High Court CR. MISC. No.6353 of 2023(2) dt.01-05-2023 2/2 implicated in this case on the basis of suspicion. Neither the petitioner has been put on TI Parade nor any incriminating article has been recovered from his conscious possession. The name of the petitioner has been transpired in this case on the basis of extra judicial confession made by co-accused namely, Vishal Kumar before the police, which has got no evidentiary value in the eye of law. It is further submitted that the petitioner is languishing in judicial custody since 3.2.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur Town P.S. Case No. 254 of 2019 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., Vaishali at Hajipur. (Sunil Kumar Panwar, J) Amandeep/- U T