Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9776 of 2022 Arising Out of PS. Case No.-136 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== MURARI KUMAR Son of Sanjeev Rai Resident of Village- Rupaswaj, P.S.- Bachhwara, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 341, 323, 326, 504 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, five named accused persons are said to have stopped the informant and as a result of firing by pistol by one Ram Shankar Yadav it is stated that the informant sustained gunshot injury on the left side of his chest. It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. He has been falsely implicated in the case in course of investigation. From the contents of the FIR itself it would transpire that the only allegation of over act is against coaccused Ram Shankar Yadav.

Patna High Court CR. MISC. No.9776 of 2022(3) dt.19-12-2022 2/2 The petitioner is in custody since 10.8.2021 and investigation in the case is complete.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made together with the allegation of overt act being against Ram Shankar Yadav alone and the petitioner having remained in custody for more than 1 year since 10.8.2021, the Court directs the petitioner to be enlarged on bail in connection with Bachhwara P.S. Case no.136 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai.

(Partha Sarthy, J) Bibhash U