Anshuman Kumar @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41637 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Anshuman Kumar @ Munna Son Of Jitendra Singh @ Jitendra Kumar Singh Resident Of Village- Malpur Urf Dilawarpur Ward No 13, Ps- Patepur District -VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the allegation against the accused persons including the petitioner is that they fired upon his grandson due to which he sustained gunshot injury and died.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.41637 of 2023(3) dt.30-08-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant is not an eye witness to the occurrence and no specific allegation of shot firing has been levelled against the petitioner. During investigation, no consistent material evidence was collected against the petitioner to connect the petitioner with the present case. The petitioner is languishing in custody since 06.04.2023. Moreover, other similarly situated co-accused has been granted bail vide order dated 10.08.2023 passed in Cr. Misc. No. 40953 of 2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.41637 of 2023(3) dt.30-08-2023 3/3 Magistrate, Vaishali at Hajipur in connection with Patepur P.S. Case No. 03 of 2023.

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