Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21333 of 2023 Arising Out of PS. Case No.-438 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Sumit Kumar Bhola Chaudhary Vill- Hajipur Pipra Ps Barauni DistBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Barauni P.S Case No. 438 of 2022 dated 14.09.2022 registered for the offence punishable u/s 120B and 307 read with 34 of the Indian Penal Code and Sections 25(1-B)a, 26, 27 and 35 of the Arms Act. As per the prosecution case, the allegation against the petitioner and the co-accused persons is of firing on public indiscriminately due to which the informant sustained injury on

Patna High Court CR. MISC. No.21333 of 2023(2) dt.22-05-2023 2/3 his knee of right leg.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the coaccused Sonu Kumar. No T.I.P has been conducted by the prosecution. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 17.09.2022 Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Barauni P.S Case No. 438 of 2022, with the condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.21333 of 2023(2) dt.22-05-2023 3/3 The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T