Patna High CourtCR. MISC./33899/2023allowed

Hiralal Kumar @ Raja @ Rajwa v. The State Of Bihar

2023-09-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33899 of 2023 Arising Out of PS. Case No.-98 Year-2022 Thana- KHARIK District- Bhagalpur ====================================================== Hiralal Kumar @ Raja @ Rajwa Son Of Devendra Prasad Singh Resident Of Village- Murli, Ps- Gopalpur (RANGRA), Distt- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 307, 120B, 34, of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the allegation against the accused persons is that they boarded on two motorcycles came and fired upon father of the informant due to which he sustained gunshot injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to high handedness of the police officials. The petitioner is not named in the FIR and

Patna High Court CR. MISC. No.33899 of 2023(4) dt.19-09-2023 2/2 no specific allegation of shot firing levelled against him. It is further submitted that except suspicion no consistent material has come out against the petitioner. Similarly situated coaccused persons have already been granted bail by a coordinate Bench of this Court vide order dated 16.12.2022 passed in Cr. Misc. No. 55790 of 2022. Moreover, he is languishing in judicial custody since 05.01.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Kharik P.S. Case No. 98 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkr/- U T