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Patna High CourtCR. MISC./42512/2021bail granted

Sunil Kumar v. The State Of Bihar

2021-10-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42512 of 2021 Arising Out of PS. Case No.-87 Year-2021 Thana- DANAPUR District- Patna ====================================================== Sunil Kumar Son of Ramadhar Prasad Resident of New Tarachak, Police Station - Danapur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-10-2021 Heard both parties.

The petitioner seeks bail in Danapur P.S. Case No. 87 of 2021, registered for the offence punishable under Section 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, while the informant was walking at about 5.30 am, 02 unknown miscreants came and shot him in his left portion of the back and fled away. It is submitted on behalf of the petitioner that petitioner is not named in the FIR and his name has come in this case on his own confession before the police which has got no evidentiary value. No incriminating article has been recovered from possession of this petitioner and till date no test identification parade has been held. There is no allegation of

Patna High Court CR. MISC. No.42512 of 2021(2) dt.28-10-2021 2/2 specific overt act against this petitioner. Petitioner is in custody since 23.02.2021 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Danapur, Patna in connection with Danapur P.S. Case No. 87 of 2021. (Prabhat Kumar Singh, J) vinita/- U T