Patna High CourtCR. MISC./38175/2023bail granted

Sonu Kumar v. The State Of Bihar

2023-08-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38175 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Sonu Kumar Son Of Raj Kumar Singh Resident Of Village - Sherpar, P.S. - Barbigha, District - Sheikhpura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 364,307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the allegation against the accused persons is that they assaulted the informant and also abducted him to put in fire due to previous enmity. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not

Patna High Court CR. MISC. No.38175 of 2023(3) dt.02-08-2023 2/2 named in the FIR nor any specific allegation of overt-act levelled against him. It is further submitted that the informant in his statement recorded under Section 164 of the Cr.P.C., not specifically stated about the complicity of the petitioner in this alleged occurrence. Moreover, he is languishing in judicial custody since 26.02.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

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 Barbigha P.S. Case No. 101 of 2023 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, Sheikhpura.

(Sunil Kumar Panwar, J) Manishkumar/- U T