Amrit Raj @ Amrit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7446 of 2023 Arising Out of PS. Case No.-707 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== Amrit Raj @ Amrit Kumar Son Of Udayanand Thakur R/O Vill.- Banbhag, Ward No. 03, P.S.- K. Nagar, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 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 392, 302, 34 of the IPC and Section 27 of Arms Act. The allegation against two unknown miscreants is that when they tried to snatch mobile of the brother of the informant then his brother resisted, in the meantime miscreants fired upon head of his brother due to which his brother succumbed to injury Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.7446 of 2023(2) dt.02-05-2023 2/2 confessional statement of co-accused, namely, Saurav Kumar. Neither the petitioner is named in the FIR nor any incriminating article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 20.04.2023 passed in Cr. Misc No. 67296 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 24.08.2022.

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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with K Hat P.S. Case No. 707 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea. (Sunil Kumar Panwar, J) Manish/- U T