Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12041 of 2024 Arising Out of PS. Case No.-155 Year-2023 Thana- KORHA District- Katihar ====================================================== Sumit Kumar, age 18 years, Male, Son of Kedar Madnal, R/O Semapur, Tappu Diyara, P.S. Barari, District-Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Korha P.S. Case No. 155 of 2023 registered for an offence punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, some unknown persons are said to have fired upon the informant while he was going by tractor due to which he sustained injury.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that petitioner is in custody since 19.09.2023 and similarly situated co-accused has already been granted bail by a Co-ordinate

Patna High Court CR. MISC. No.12041 of 2024(2) dt.05-03-2024 2/2 Bench of this Court passed in Cr. Misc. No. 79540 of 2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Under the aforesaid facts and circumstances, let the above named petitioner be released on bail after framing of the chargesheet on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Katihar in connection with Korha P.S. Case No. 155 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T