Patna High CourtCR. MISC./28243/2023allowed

Aditiya @ Aditiya Kumar @ Suraj Kumar v. The State Of Bihar

2023-05-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28243 of 2023 Arising Out of PS. Case No.-183 Year-2022 Thana- DANAPUR RAIL P.S. District- Patna ====================================================== ADITIYA @ ADITIYA KUMAR @ SURAJ KUMAR SON OF SRI ANAND MOHAN RESIDENT OF VILLAGE- BYAPUR, PS- MANER, DISTTPATNA, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Kant Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Danapur (Bihta) P.S. Case No. 183 of 2022 registered for the offence under Sections 341, 323, 324, 326, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution story in short is that the petitioner and other accused persons had a fight with the injured and one of the accused fired which hit the thigh of the injured. Learned counsel for the petitioner submits that the petitioner is in custody since 12.12.2022 and the petitioner is

Patna High Court CR. MISC. No.28243 of 2023(2) dt.24-05-2023 2/2 quite innocent and he has falsely been implicated in this case and the petitioner has no criminal antecedent and the petitioner is not named in the F.I.R.

Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the aforesaid facts and the period of custody, this application for regular bail is allowed. Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Patna/concerned Court below in connection with Danapur (Bihta) P.S. Case No. 183 of 2023.

The petitioner will mark his attendance at the Bihta Police Station on the every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Shishir/- U T