Poly Kumari @ Payal Kumari @ Pali Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23090 of 2023 Arising Out of PS. Case No.-74 Year-2021 Thana- LADAIYATAR District- Munger ====================================================== Poly Kumari @ Payal Kumari @ Pali Kumari D/O Sitaram Kora R/O VillageBarmasiya, P.S- Kajra, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-07-2023 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 u/s 147, 148, 149, 120B, 121A, 124A, 353, 307 of IPC, Section 27 of the Arms Act and Sections 10/13/16/20 of the U.A.P. Act As per prosecution case, on information having been received about naxalites having gathered, it is stated by the informant that a raid was conducted. The petitioner and 42 others were identified and named. It is further stated that there was exchange of fire in which 17 rounds was fired by the police personnel while 32-35 rounds fired by the naxalites on each other.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.23090 of 2023(3) dt.18-07-2023 2/2 petitioner is innocent and has committed no offence. She has falsely been implicated in this case merely on the basis of suspicion. Neither the petitioner was apprehended on the spot nor any incriminating article has been recovered from her conscious possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 13.01.2023 passed in Cr. Misc. No. 26000 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 11.07.2022.

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 Laraiyatand P.S. Case No. 74 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger. (Sunil Kumar Panwar, J) Manishkumar/- U T