Gaurav Kumar @ Babla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36343 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== Gaurav Kumar @ Babla Son Of Dev Kumar R/O- Khilauna Gali, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Arvind Kumar Pradhan.

Mr. Avinash.

For the Opposite Party/s :

Mr. Tapeshwar Sharma.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of shot fire upon the informant due to which he sustained injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 05.04.2022.

Patna High Court CR. MISC. No.36343 of 2022(3) dt.03-01-2023 2/2 It is further submitted that petitioner is not named in FIR and his name sprang up on the basis of confessional statement of co-accused person, namely, Monu Patel, which has no evidentiary value in the eye of law. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Alamganj P.S. Case No. 43 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Patna City. (Sunil Kumar Panwar, J) nirajkrs/- U T