Suman Kumar @ Suman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28425 of 2024 Arising Out of PS. Case No.-364 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Suman Kumar @ Suman Yadav Son of Ranbahadur Yadav Resident of Village- Chapradi, P.S.- Chaparahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Phulparas P.S. Case No. 364 of 2023 instituted for the offences punishable under Sections 392 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against the two unknown miscreants is that they stopped the vehicle of the informant and fired upon him and thereafter they snatched the vehicle of the informant along with some documents and a mobile. Thereafter, they fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the petitioner has been made accused only on the basis of confessional statement of co-accused Kuldeep Kumar

Patna High Court CR. MISC. No.28425 of 2024(2) dt.19-04-2024 2/2 Jha and no any incriminating article has been recovered from the house of the petitioner and petitioner is in judicial custody since 03.01.2024. He further submits that similarly situated coaccused, namely, Manish Kumar Sahu and Ghuran Kamat have already been granted regular bail by this Court passed in Cr. Misc. No. 67776 of 2023 vide order dated 31.10.2023 and Cr. Misc. No. 79735 of 2023 respectively.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case as well as the fact that similarly situated co-accused has already been granted regular bail by a Co-ordinate Bench of this Court, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Jhanjharpur, District-Madhubani in connection with Phulparas P.S. Case No. 364 of 2023.

(Ramesh Chand Malviya, J) saurabhkr/- U T