Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37685 of 2024 Arising Out of PS. Case No.-156 Year-2022 Thana- SANHAULA District- Bhagalpur ====================================================== Aman Kumar Son of Motilal Sah Resident of Village- Sakrama, P.SSanhaulla, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhoy Kumar Kashyap For the Opposite Party/s :
Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 307, 461, 427, 504 and 506 of the Indian Penal Code. Later on, Section 302 of IPC was added.
3. As per allegation in the FIR, some anti-social elements broke the lock of shop of the informant. They took out all articles from the shop and they kept their own articles in the shop. When the brother of the informant, namely, Sadad Ilyas inquired about it, then the accused persons including this petitioner assaulted Sadab Ilyas with rod and hammer and injured him.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.37685 of 2024(2) dt.17-05-2024 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. He is not named in FIR. Nothing consistent material has found against the petitioner. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 23.05.2023 in Cr. Misc. No. 26526 of 2023. Moreover, the petitioner is languishing in judicial custody since 09.01.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sanhaulla P.S. Case No. 156 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 Chief Judicial Magistrate, Bhagalpur. (Sunil Kumar Panwar, J) Shubham/- U T