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Patna High CourtCR. MISC./40088/2022allowed

Prabhakar Kumar @ Abhishek Kumar @ Sonu Kumar v. The State Of Bihar

2023-01-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40088 of 2022 Arising Out of PS. Case No.-228 Year-2020 Thana- BARH District- Patna ====================================================== Prabhakar Kumar @ Abhishek Kumar @ Sonu Kumar Son Of Bharat Saw R/O Village- Jagdishpur, P.S.- Pandarak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner, learned counsel for the State and perused the case diary. The petitioner is in custody in a case registered for the offence punishable under Sections 307, 302 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegedly, it is a case of shot fire by some unknown persons due to which the uncle of the informant was died. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR and the name of the petitioner came into light on the basis of confessional statement of co-accused. Similarly situated co-accused has been granted regular bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 1205 of 2021 vide Annexure-2 to the present

Patna High Court CR. MISC. No.40088 of 2022(3) dt.04-01-2023 2/2 petition. Petitioner is in judicial custody since 19.06.2021. Learned APP appearing for the State has opposed the prayer for regular bail.

Having heard learned counsel for the parties and considering 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 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-I, Barh, Patna in connection with Barh P.S. Case No. 228 of 2020. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T