Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12484 of 2023 Arising Out of PS. Case No.-50 Year-2022 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== AMRESH KUMAR Son of Ranjit Kumar Singh @ Ranjit Singh R/V- Daud Nagar, P.S- Bidupur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Prabhat For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 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 302/34 of the Indian Penal Code and Section 27 of the Arms Act. As per FIR, the allegation against two unknown miscreants is that they fired upon the informant's brother due to which he sustained gunshot injury and when one customer Lala Rai tried to caught the miscreants they also fired upon him due to which he also sustained gunshot injury and died on the spot. 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. The petitioner is not

Patna High Court CR. MISC. No.12484 of 2023(3) dt.11-07-2023 2/2 named in the FIR and he has no concern with the alleged occurrence and there is no specific allegation of committing murder attributed against the petitioner. Similarly situated coaccused has already been granted bail by a coordinate Bench of this Court vide order dated 20.06.2023 passed in Cr. Misc. No. 4056 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 29.09.2022. 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 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 Industrial Area P.S. Case No. 50 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 J.M., Ist Class-cum-Additional Munsif, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) lata/- U T