Suman Kuwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19654 of 2024 Arising Out of PS. Case No.-132 Year-2022 Thana- BARARI District- Katihar ====================================================== Suman Kuwar Son of Fago Kuwar R/o Village- Bakharpur (Pirpaiti), P.S.- Pirpaiti, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harish Kumar, Adv.
For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with S.T. No. 584 / 2023 arising out of Barari (Semapur) P.S Case No. 132 of 2022 registered for the offences punishable under Sections 147, 149, 307, 341, 34 I.P.C and 27 of the Arms Act.
3. As per prosecution case, 7-8 persons entered in the house of the informant and started firing.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no specific allegation against the petitioner whereas allegation is general and omnibus. It is also submitted that petitioner is in judicial custody since 17.03.2023.
Patna High Court CR. MISC. No.19654 of 2024(2) dt.22-03-2024 2/2
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody it appears no injury was caused by the alleged firing and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after commitment of the casee on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV Katihar in connection with S.T. No. 584 / 2023 arising out of Barari (Semapur) P.S Case No. 132 of 2022.
7. The trial court is directed to conclude the proceeding of commitment within a period of one month. Further, Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the trial court till conclusion of the trial.
(Ramesh Chand Malviya, J) Mayank/- U T