Patna High CourtCR. MISC./11372/2023allowed

Gagan Kumar @ Gagan Yadav v. The State Of Bihar

2023-04-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11372 of 2023 Arising Out of PS. Case No.-137 Year-2022 Thana- DULHIN BAZAR District- Patna ====================================================== Gagan Kumar @ Gagan Yadav Son Of Satyanand Yadav Resident Of Village - Pathak Milki, P.S.- Dulhin Bazar, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 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 307, 120B/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case relates to opening fire caused by the FIR named persons due to which son of the informant sustained abdomen injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused, namely, Mithun Yadav @ Mithun kumar. During investigation not a single

Patna High Court CR. MISC. No.11372 of 2023(2) dt.21-04-2023 2/2 eye witness has supported the prosecution version. Neither the petitioner was arrested on the spot nor he is named in the FIR. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 09.09.2022.

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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dulhin Bazar P.S. Case No. 137 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Danapur, District-Patna. (Sunil Kumar Panwar, J) Manish/- U T