Tanish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26151 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== TANISH KUMAR SON OF RAJIV KUMAR R/O MOHALLARAJENDRAPURI, SPEAKER CHAWK, P.S.- KAZI MOHAMMADEPUR, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 341, 323, 324, 307, 302, 120B and 504 read with 34 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution case, the informant has alleged that the petitioner and co-accused persons started abusing and assaulting the informant's son Yasir Arafat and his friend Rehan

Patna High Court CR. MISC. No.26151 of 2022(2) dt.24-08-2022 2/3 who took tea with Aashish, Abdullah, Sonam, Smith, Utkarsh and reached near Remrho restaurant. In the mean time, the coaccused Golu Singh and Pritam Thakur started firing from their pistols which hit near the chest of the informant's son Arafat and the neck of Rehan cauing severe injuries to them. The informant's son Arafat fell down and died on the spot. The injured Rehan was taken to hospital for treatment. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is not named in the F.I.R. and the name of the petitioner has sprung up in the confessional statement of Harsh Raj and co-accused Pritam Thakur.

As per F.I.R., the specific allegation of firing is against the co-accused Pritam Thakur and Golu Singh. There is no specific allegation against the petitioner. The petitioner is in custody since 11.01.2022 Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that as per the confessional statement of co-accused, it is clear that the petitioner is involved in the alleged crime.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.26151 of 2022(2) dt.24-08-2022 3/3 this case, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Muzaffarpur , in connection with Kazi Mohammadpur P.S. Case No. 11 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T