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Patna High CourtCR. MISC./29521/2024allowed

Durgesh Ram @ Durgesh Kumar Ram v. The State Of Bihar

2024-05-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29521 of 2024 Arising Out of PS. Case No.-21 Year-2023 Thana- JIRADEI District- Siwan ====================================================== Durgesh Ram @ Durgesh Kumar Ram S/o Late Prabhunath Ram R/o Village Balua Mathia Police Station Darauli District Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of Arms Act.

As per allegation in the FIR, two unknown miscreants came on a motorcycle and fire upon the informant's son due to which he sustained injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor anything incriminating has been recovered from his conscious possession. His name sprang up in this case on the basis of confessional statement of co-accused Himanshu Singh, who has

Patna High Court CR. MISC. No.29521 of 2024(2) dt.02-05-2024 2/2 already been granted bail vide order dated 02.012024, passed in Cr. Misc. No. 58650 of 2023 by this Court. Moreover, the petitioner is languishing in judicial custody since 28.11.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Jiradei P.S. Case No. 21 of 2023 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 Judicial Magistrate, Siwan. (Sunil Kumar Panwar, J) sushma/- U T