Sanjeev Kumar @ Chhote v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30247 of 2024 Arising Out of PS. Case No.-913 Year-2023 Thana- RUPASPUR District- Patna ====================================================== Sanjeev Kumar @ Chhote Son Of Late Sudhir Kumar Singh Resident Of Village - New Sabajpura, P.S. - Phulwarisharif, District - Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv Mrs.Vaishnavi Singh, Adv.
Mr. Ritwik Thakur, Adv.
For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Session Trial No. 240 of 2024 arising out of Rupaspur P.S. Case No. 913 and 2023 dated 11.11.2023 registered for the offences punishable u/ss 302, 120B read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act in which later on Section 25(1-b)a, 26, 35 of the Arms Act was also added.
3. As per the prosecution case, six unknown miscreants boarded on two motorcycles made indiscriminate firing on the vehicle resulting injury to the informant's son, Alok Kumar. The informant rushed to the hospital, where the informant's son was declared dead.
4. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.30247 of 2024(2) dt.30-04-2024 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner was disclosed by the co-accused person. There is nothing on record except confessional statement of the co-accused which has no evidentiary value. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.11.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur, Patna in connection with Sessions Trial No. 240 of 2024 arising out of Rupaspur P.S. Case No. 913 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T