Uchit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14841 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- CHANAN District- Lakhisarai ====================================================== Uchit Kumar son of Rampravesh Mandal Village- Itaun Mananpur Bazar PsChanan Dist- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar, Adv.
For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Chanan PS Case No. 109 of 2023 dated 08.09.2023, instituted for the offence punishable under Sections 341, 323, 307 of the IPC and Section 27 of the Arms Act.
3. The allegation, as per the First Information Report (for brevity 'FIR') is that on the alleged date of occurrence i.e., on 07-09-2023, at about 8.30 PM, while the informant was going to his house on bicycle situated at Shivdih, three-four unknown persons stopped him on the main road near Bhagat pol, fired upon him and threw him into pond and after some time, when
Patna High Court CR. MISC. No.14841 of 2024(2) dt.11-03-2024 2/3 he came out from pond and reached to his house, the present case has been instituted.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this case. It is submitted that FIR has been lodged against 3-4 unknown accused persons. During the course of investigation, the petitioner has been arrested and on the basis of his self confession, he has been made accused in this case. It is submitted that the petitioner was living in Surat since last two years and when he came to his house on the occasion of Durga Puja, his name has been implicated in this case due to dirty village politics. The petitioner is in custody since 27.09.2023. Two of the co-accused persons, namely, Raushan Kumar and Gautam Kumar have been granted bail by a Coordinate Bench of this Court vide order dated 19.02.2024, passed in Cr. Misc. No. 8266 of 2024. Lastly, it is submitted that petitioner is a man of clean antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.14841 of 2024(2) dt.11-03-2024 3/3 each to the satisfaction of the ACJM 1st Lakhisarai, in Chanan PS Case No. 109 of 2023.
(Khatim Reza, J) shyambihari/- U