Patna High CourtCR. MISC./27702/2023allowed

Deepak Kumar v. The State Of Bihar

2023-07-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27702 of 2023 Arising Out of PS. Case No.-96 Year-2022 Thana- SAHARSA SADAR District- Saharsa ====================================================== DEEPAK KUMAR Son of Late Anoj Kumar Yadav @ Anoj Yadav @ Anuj Yadav Resident of village-Batraha, Ward No. 23, P.S. and District-Saharsa, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subesh Sharma For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner is that they along with other accused fired upon one Avinash Kumar.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act of firing against the petitioner. The injury was found grievous in nature, which was given by the private Doctor. He

Patna High Court CR. MISC. No.27702 of 2023(3) dt.31-07-2023 2/2 further submitted that the others co-accused have already been granted bail by a Co-ordinate Bench vide order dated 07.07.2023 passed in Cr. Misc. No. 24634 of 2023. He is languishing in judicial custody since 25.12.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Saharsa Sadan P.S. Case No. 96 of 2022.

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