Surydeep Pathak @ Suraj Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31978 of 2023 Arising Out of PS. Case No.-712 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SURYDEEP PATHAK @ SURAJ PATHAK Son of Arun Pathak Resident of village-Ulao, P.S.-Muffasil, District-Begusarai ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha For the Opposite Party/s :
Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 307/34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per allegation in the FIR, three accused persons on a motorcycle, encircled the informant and assaulted him with iron rod, fists and legs. Out of them, one person, fired upon him which hit on his left thigh.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He is not named in the FIR. During investigation, witnesses have named the petitioner. No TIP was held to identify the petitioner by the
Patna High Court CR. MISC. No.31978 of 2023(3) dt.29-08-2023 2/2 informant. As per injury report, injured has sustained injury in his thigh, which is not a vital organ. Petitioner is languishing in judicial custody since 17.02.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai Muffasil in connection with Singhaul P.S. Case no. 712 of 2022.
(Sunil Kumar Panwar, J) sushma/- U