Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11523 of 2025 Arising Out of PS. Case No.-184 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Sachin Kumar, aged about 22 years (Male) S/O Lalan Paswan, R/O VillageBhagatpur, P.S- Ballia, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 341, 323, 504, 506 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, the informant along with his mother were present at his shop and at that time, two persons came and parked their motorcycle near the shop of the informant due to which there was hindrance in approach to the informant's shop and when the informant asked to remove the motorcycle from there, all the accused persons started abusing and threatened for consequences and one of them with intention to kill the informant fired on him and fled away.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.11523 of 2025(3) dt.13-05-2025 2/2 petitioner has falsely been implicated in this case due to dirty local politics. He next submits that at the time of occurrence, the petitioner was not present there and he is not named in the FIR and similarly situated co-accused has been granted regular bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 81718 of 2024 and he is in custody since 30.07.2024.

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

6. In view of the aforesaid facts and circumstances and the fact that similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 81718 of 2024, so I am inclined to grant bail to the petitioner.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Ballia (Begusarai) in connection with Ballia P.S. Case No. 184 of 2024.

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