Anuj Kumar Gupta @ Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15574 of 2023 Arising Out of PS. Case No.-221 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== Anuj Kumar Gupta @ Anuj Kumar S/O Om Prakash Gupta R/O Village- Old Bus Stand Piro, P.S.- Piro, Distt- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== 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 sections 326, 307, 506, 34 of IPC and Section 27 of the Arms Act. It is a case of shot fire by the co-accused, namely, Kallu Paswan, which hit at the stomach of the informant due to which he sustained 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. Neither the petitioner is named in the FIR nor any incriminating article has been recovered from his conscious possession. It is further submitted that there is no specific allegation of shot fire

Patna High Court CR. MISC. No.15574 of 2023(2) dt.28-04-2023 2/2 leveled against the petitioner rather specific allegation of shot fire is leveled against co-accused Kallu Paswan. Similarly situated co-accused has already been granted bail by this Court vide order dated 24.08.2022 passed in Cr. Misc No. 10022 of 2022. The petitioner has got no criminal antecedent moreover, he is languishing in judicial custody since 05.07.2021.

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 Ara Town P.S. Case No. 221 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara. (Sunil Kumar Panwar, J) Manish/- U T