Sonu Singh @ Motka @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27976 of 2023 Arising Out of PS. Case No.-438 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== 1.

Sonu Singh @ Motka @ Sonu Kumar Son Of Dilip Singh Resident Of Village - Sabaura, Ward No. 14, P.S. - Barauni, (Refinery O.P.) Distt. - Begusarai 2.

Abhishek Kumar Son Of Tuntun Sharma Resident Of Village - Ratanpur, Vishanpur, Ward No. 17, P.S. - Ratanpur O.P., Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Binode Bariar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 120B, 307, 34 of the IPC and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

As per prosecution case, the allegation against two unknown miscreants is that they boarded on a motorcycle came and started firing indiscriminately on public in the meantime, informant got gunshot injury.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They

Patna High Court CR. MISC. No.27976 of 2023(3) dt.24-07-2023 2/2 have falsely been implicated in this case merely on the basis of confessional statement of co-accused, namely, Shivam. Neither the petitioners are named in the FIR nor they were put on TIP and there is no specific allegation of shot firing levelled against them. It is further submitted that nothing incriminating article has been recovered from their possession. Moreover, the petitioners are languishing in judicial custody since 29.10.2022.

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 petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Barauni Chakiay P.S. Case No. 438 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 J.M., Ist Class, Begusarai. (Sunil Kumar Panwar, J) lata/- U T