Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21497 of 2024 Arising Out of PS. Case No.-916 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Umesh Kumar Son of Late Nunulal Saw Resident of Patel Nagar, Ward No. 17, P.S.- Kabaiya, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Lakhisarai (Kawaiya O.P.) P.S. Case No.-916 of 2023 registered for the offence under Sections 341, 307, 326 and 302 of the Indian Penal Code and Sections 25(1b)A, 26 and 27 of the Arms Act.

3. As per the prosecution case, co-accused, namely, Ashish Choudhary @ Chhotu on account of previous land dispute shot at the brothers of the informant and his family members and assuming them to be dead, co-accused ran away from the place of

Patna High Court CR. MISC. No.21497 of 2024(3) dt.19-04-2024 2/3 occurrence resorting firing and during course of treatment three persons died.

4.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. Co-accused has already been granted bail vide order dated 14.03.2024 passed in Cr. Misc. No. 17999 of 2024. He next submits that nothing has been recovered from the conscious possession of the petitioner and petitioner is in custody since 22.11.2023 . 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

On perusal of the first information report and impugned order dated 02.02.2024, it appears that the petitioner is not named in the FIR and the name of the petitioner surfaced on the basis of confessional statement of co-accused as mentioned in the impugned order that co-accused Ashok Modi was instigating him to fire from pistol and in the FIR there is no whispering regarding this instigation, let the petitioner, above named, be directed to be released on bail in connection

Patna High Court CR. MISC. No.21497 of 2024(3) dt.19-04-2024 3/3 with Lakhisarai (Kawaiya O.P.) P.S. Case No.916 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Lakhisarai. (Ramesh Chand Malviya, J) Mayank/- U T