Abhinav Kumar @ Monu @ Abhinav Raj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16355 of 2023 Arising Out of PS. Case No.-316 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Abhinav Kumar @ Monu @ Abhinav Raj Singh Son Of Amresh Kumar Resident Of Village - Shahbajpur Salem, P.S.- Ahiyapur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 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 307, 387, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner along with co-accused persons is that they demanded extortion money from the informant and when he refused to do so then all accused persons assaulted and fired upon him due to which he sustained injuries.

Patna High Court CR. MISC. No.16355 of 2023(2) dt.10-05-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. There is general and omnibus allegation of firing due to which informant sustained gun shot injury on his shoulder and as per injury report which is annexed with Annexure-2 injury is simple in nature. He has got no criminal antecedent. Similarly situated co-accused person has already been granted bail by this Court vide order dated 24.07.2020 passed in Cr. Misc. No. 20875 of 2020. It is further submitted that the petitioner is languishing in judicial custody since 04.11.2022.

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 Ahiyapur P.S. Case No. 316 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.16355 of 2023(2) dt.10-05-2023 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarupur.

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