Patna High CourtCR. MISC./42601/2024bail granted

Sunil Kumar v. The State Of Bihar

2024-10-24Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42601 of 2024 Arising Out of PS. Case No.-102 Year-2023 Thana- BADHAILA District- Rohtas ====================================================== Sunil Kumar Son of Baban Singh R/O Vill.- Karan, P.S.- Baghaila, Dist.- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chhote Lal Mishra, Advocate For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-10-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in S.Tr. No. 97 of 2024, arising out of Baghaila P.S. Case No. 102 of 2023, instituted for the offences punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that, the petitioner fired upon the brother of the informant with an intention to kill him due to which he sustained fire arm injury on chest.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.42601 of 2024(3) dt.24-10-2024 2/3 possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has not fired any fire arm upon the brother of the informant. It is further submitted that no recovery of pistol has been made from the possession of the petitioner. The petitioner is in custody since 29.11.2023 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S.Tr. No. 97 of 2024, arising out of Baghaila P.S. Case No. 102 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.42601 of 2024(3) dt.24-10-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T