Aadam Miya @ Aadam Mansuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10456 of 2023 Arising Out of PS. Case No.-61 Year-2022 Thana- NARAINPUR District- Bhojpur ====================================================== AADAM MIYA @ AADAM MANSURI Son of Late Tejuddin Mian Resident of Village- Khutahan, P.S.- Imadpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 307/34 of the Indian Penal Code.

As per allegation in the FIR, informant along with Ayush Raj Singh @ Sonu Kumar were going to villgae Agiyanw with his motorcycle, on way, four miscreants including the petitioner on two motorcycles came there and petitioner opened fire which hit the right elbow of the informant and co-accused Tiwari Yadav opened fire which hit Sonu Kumar as a result of which he succumbed to gunshot injuries. It is further alleged that 15 days prior to the alleged occurrence, petitioner threatened the informant of dire consequences.

Patna High Court CR. MISC. No.10456 of 2023(3) dt.04-07-2023 2/2 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific allegation of shot fire upon the deceased is against co-accused Tiwari Yadav and not against the petitioner. Allegedly, petitioner opened fire, which hit the the right elbow of the informant, but the same is not a vital organ. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 14.06.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ADJ13, Bhojpur (Ara) in connection with Narayanpur PS Case No. 61 of 2022.

(Sunil Kumar Panwar, J) sushma/- U