Rishabh Kumar @ Puttus Kumar @ Lutus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30259 of 2023 Arising Out of PS. Case No.-193 Year-2021 Thana- PIRBAHOR District- Patna ====================================================== RISHABH KUMAR @ PUTTUS KUMAR @ LUTUS Son of Shri Rupesh Kumar Resident of Block - C-Room No.- 29, New Staff Quarter, P.M.C.H. Patna, P.S.- Pirbahore, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmi Kant Sharma For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2023 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 under sections 147, 148, 149, 307 of the Indian Penal Code and Section 27 of Arms Act. As per prosecution case, the informant alleged that while he along with his son were going, meanwhile, the accused persons including the petitioner surrounded them. Thereafter, co-accused Niraj Kumar @Kallu opened fire upon son of the informant due to which he sustained injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is only member of mob due to which he has falsely

Patna High Court CR. MISC. No.30259 of 2023(3) dt.25-07-2023 2/2 been implicated in this case. From perusal of FIR, it appears that that specific allegation of firing is attributed against co-accused namely, Niraj Kumar @Kallu. General and omnibus allegation leveled against this petitioner. It is further submitted that the petitioner is languishing in judicial custody since 12.7.222. 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 Pirbahore P.S. Case No. 193 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 Judicial Magistrate 1st Class, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T