Suraj Kumar @ Syko v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15630 of 2023 Arising Out of PS. Case No.-168 Year-2022 Thana- BYPASS District- Patna ====================================================== Suraj Kumar @ Syko S/O Mithlesh Pandit R/O Muhalla- Bahari Begampur Par Pokhra, P.S.- Bypass, Distt- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kumar Mishra For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 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 section 302/34 of the IPC and Section 27 of the Arms Act.
The allegation against the petitioner is that he along with co-accused person shot fired upon the husband of the informant with intention to kill him, thereafter husband of the informant was brought to N.M.C.H., where doctor declared him dead.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.15630 of 2023(2) dt.28-04-2023 2/3 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, Shivam Kumar @ Chanti. Neither petitioner is named in the FIR nor any incriminating article has been recovered from his conscious possession. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 03.04.2023 passed in Cr. Misc. No. 64813 of 2022. It is further submitted that during investigation no cogent material has surfaced against the petitioner moreover, he is languishing in judicial custody since 21.07.2022. 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 Bypass P.S. Case No. 168 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.15630 of 2023(2) dt.28-04-2023 3/3 satisfaction of learned A.C.J.M.-VI, Patna City, Patna. (Sunil Kumar Panwar, J) Manish/- U T