Maruti Kumar @ Amarjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21845 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- MASAUDHI District- Patna ====================================================== MARUTI KUMAR @ AMARJIT KUMAR S/O KRISHNA PRASAD R/O VILLAGE- BHAJAN VIGHA, P.S- MASAURHI, DISTT.- PATNA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitender Kumar, Adv.
For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-04-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Masaurhi PS Case no. 04 of 2024 registered under sections 307, 341, 323, 504, 506, and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states that three named accused persons including the petitioner herein as also two others came near him. Co-accused Gorakh @ Dharamveer Kumar fired from pistol hitting the informant in the right side of his chest. Gorakh @ Dharamveer Kumar was caught on the spot while others managed to escape. The informant is being treated in the PMCH.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.21845 of 2024(2) dt.04-04-2024 2/2 submits that the petitioner has been falsely implicated in the case. Even as per allegations, the allegation of firing is solely against the co-accused and not the petitioner herein. The petitioner is in custody since 19.01.2024 and has no criminal antecedent.
5. The application for bail is opposed by the learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the allegation of firing being solely against coaccused Gorakh @ Dharamveer Kumar and not the petitioner herein and the petitioner having remained in custody since 19.01.2024, the Court directs the petitioner to be enlarged on bail in connection with Masaurhi PS Case no. 04 of 2024 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Masaurhi, Patna (Partha Sarthy, J) perwez U T