Patna High CourtCR. MISC./35457/2024bail granted

Priyanka Kumari v. The State Of Bihar

2024-07-11Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35457 of 2024 Arising Out of PS. Case No.-913 Year-2023 Thana- RUPASPUR District- Patna ====================================================== Priyanka Kumari W/O- Vicky Kumar @ Manjeet Kumar R/O- VILLAGE - PIPLAMA, P.S - NAUBATPUR, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharad Kumar Verma For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-07-2024 Learned counsel for the petitioner is permitted to make necessary correction in the address of the petitioner in course of the day.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. 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.

4. As per the prosecution case, six unknown

Patna High Court CR. MISC. No.35457 of 2024(3) dt.11-07-2024 2/3 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.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. There is nothing on record except confessional statement of the coaccused which has no evidentiary value. It is further submitted that the petitioner has no concern with the alleged offence. Similarly situated co-accused has already been granted bail by a co-ordinate Bench of this Court vide order dated 04.07.2024 passed in Cr. Misc. No.35349 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.11.2023

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, 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

Patna High Court CR. MISC. No.35457 of 2024(3) dt.11-07-2024 3/3 concerned, Danapur, Patna in connection with Sessions Trial No. 240 of 2024 arising out of Rupaspur P.S. Case No. 913 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddu/- U