Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32311 of 2024 Arising Out of PS. Case No.-346 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Pintu Kumar Son of Rambalak Yadav Resident of Village- Dharampur, Police Station- Wazirganj, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Wazirganj P.S. Case No. 346 of 2023, lodged on 11.06.2023 under Sections 341, 323, 324, 326, 307, 504, 34 of the Indian Penal Code read with section 27 of the Arms Act.

3. As per the prosecution case, FIR has been lodged against five named accused persons including the present petitioner and two unknown accused persons against whom there is an allegation that they have abused and caused gun shot injury to the husband of the informant due to which he received serious injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.32311 of 2024(2) dt.28-05-2024 2/3 also submits that from the contents of the FIR, only suspicion has been raised against the present petitioner and there is nothing specific against the present petitioner. Counsel further submits that he has annexed the confessional statement in which material has come against the present petitioner which is annexed as Annexure-P/2. Counsel submits that from the perusal of the Annexure-P/2, it becomes very much clear that the only material which is against the petitioner is that the brother in law of Rahul Kumar has taken katta from the petitioner. Counsel submits that the said Rahul Kumar on whose confession the name of the petitioner has been figured in this case has been granted bail by this Court vide order dated 24.01.2024 passed in Cr. Misc. No.1973 of 2024.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is not clean and there is one criminal case pending against him in which he is on bail. The petitioner is in custody since 19.02.2024 in the present case.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail on furnishing bail bonds of Rs.30,000/-

Patna High Court CR. MISC. No.32311 of 2024(2) dt.28-05-2024 3/3 (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Gaya in connection with Wazirganj P.S. Case No. 346 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

8. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- (I)- Wazirganj P.S. Case No. 120 of 2018.

(Dr. Anshuman, J.) Divyansh/- U T