Suman Saurabh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12181 of 2023 Arising Out of PS. Case No.-206 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Suman Saurabh Son Of Rakesh Jha R/O Village- Telhara, P.S.- Kundwachainpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 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 324, 307, 120(B), 506/34 of the Indian Penal Code and Section 27 of Arms Act.

As per prosecution case, when the informant along with his friends was at Shankar Dhala meanwhile, the accused persons came and started firing upon them due to which informant sustained gun shot injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been implicated in this case on the basis of suspicion. From perusal of

Patna High Court CR. MISC. No.12181 of 2023(2) dt.05-05-2023 2/2 prosecution story, specific allegation of firing is against coaccused namely, Raj Tilak due to which informant sustained injury. Moreover, similarly situated co-accused namely, Mithilesh Singh has already been granted bail by a co-ordinate Bench of this Court vide order 30.8.2019 passed in Cr. Misc. No. 44688 of 2019 and in support of this Annexure-2 series has been annexed with this petition. It is further submitted that the petitioner is languishing in judicial custody since 18.4.2019. 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 Turkauliya P.S. Case No. 206 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 J.M. Sadar, Motihari. (Sunil Kumar Panwar, J) Amandeep/- U T