Himanshu Kumar@ Himanshu Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28823 of 2024 Arising Out of PS. Case No.-688 Year-2023 Thana- DANAPUR District- Patna ====================================================== Himanshu Kumar@ Himanshu Raj Son Of Vijay Kumar Resident Of VillagePanehsheel Nagar, Ps- Danapur, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ghanshyam Tiwary For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== 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 is in custody registered for the offence under Sections 302, 307, 34, 120(b) of the Indian Penal Code, Sections 27, 25(1-b)a, 26 and 35 of the Arms Act.
3. As per allegation in the FIR, all the accused persons including the petitioner is firing upon the informant and one Anil Rai, due to which Anil Rai succumbed to injury and the informant sustained injury.
4. Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case and the name of the petitioner came on the basis of confessional statement of co-accused Kunal Kumar and similarly situated co-
Patna High Court CR. MISC. No.28823 of 2024(2) dt.19-04-2024 2/2 accused has already been granted bail by this Court passed in Cr. Misc. No. 68130 2023 and Cr. Misc. No. 17426 of 2024. Petitioner has got no criminal antecedent as stated in para 3 of the petition. Petitioner is in custody since 25.05.2023.
5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.
6.
Under the aforesaid facts and circumstances of the case, let the petitioner, above named, be directed to be released on bail in connection with Sessions Trial No. 1009 of 2023 arising out of Danapur P.S. Case No.688 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II, Danapur (Patna).
(Ramesh Chand Malviya, J) Mayank/- U T