Abdhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8818 of 2024 Arising Out of PS. Case No.-44 Year-2023 Thana- MATIHANI District- Begusarai ====================================================== ABDHESH KUMAR SON OF RAMNANDAN SINGH @ RAM SINGH R/O-SINGHMA, WARD NO. 06, P.S.-MATIHANI, DISTT.-BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kashyap For the Opposite Party/s :

Mr.Arbind Kumar Pandey (App ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections-307, 342, 506/34 of the Indian Penal Code and 27 of the Arms Act.

3. As per F.I.R., the allegation against the petitioner is that he along with others having armed with deadly weapons surrounded the informant. The co-accused Ramanand Singh ordered his associates to kill him, due to non-fulfillment of ransom amount and then, the co-accused persons opened fire on the left temporal region of the informant as a result of which, he fell on the ground.

4. Learned counsel for the petitioner has submitted that the FIR itself shows that the informant became injured by the bullet shot by the co-accused Amit Kumar. Though there is allegation of

Patna High Court CR. MISC. No.8818 of 2024(3) dt.12-07-2024 2/2 firing against this petitioner but the informant has specifically stated that the bullet was shot by the petitioner but did not hit anyone. The petitioner is in custody since 24-05-2023.

5. On the other hand, learned counsel for the informant submits that the trial is going on and three witnesses have been examined in the case.

6. Considering the aforesaid facts and circumstances and also the fact that the petitioner is languishing in custody for more than one year, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Miss Ruby Kumari, learned Judicial Magistrate-Ist Class, Begusarai in connection with Matihani P.S. Case No. 44 of 2023 with condition that the petitioner will appear in the court below on each and every date fixed in the case and if, he fails to do so on two consecutive dates, the learned court below shall be at liberty to cancel the bail bonds of the petitioner.

(Nawneet Kumar Pandey, J) A.K.V.//- U T