Vishnu Prasad @ Vishundev Sao @ Bisundeo Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13745 of 2023 Arising Out of PS. Case No.-74 Year-2022 Thana- KARPI District- Jehanabad ====================================================== VISHNU PRASAD @ VISHUNDEV SAO @ BISUNDEO SAW Son of Late Ramishwar Sao R/V- Baidrabad, P.s- Arwal, Dist- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 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 341, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the co-accused along with unknown miscreants is that when informant having loaded plastic water tank and pipes on a tempo was going to Usari Market to deliver the same to shopkeeper in the meantime accused persons intercepted and co-accused, namely, Sintu Kumar pulled out the pistol from his waist and fired upon

Patna High Court CR. MISC. No.13745 of 2023(2) dt.05-05-2023 2/3 the informant which hit on the chest 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 merely on the basis of confessional statement of co-accused, namely, Bittu Kumar before the police which does not got evidentiary value in the eye of law. The petitioner has no concern with the alleged occurrence and he has also not been named in the FIR. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 28.11.2022.

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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Karpi (Sahar Telpa O.P.) P.S. Case No. 74 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of

Patna High Court CR. MISC. No.13745 of 2023(2) dt.05-05-2023 3/3 the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Arwal.

(Sunil Kumar Panwar, J) Manish/- U T