Suraj Kumar @ Sunny Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40953 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Suraj Kumar @ Sunny Kumar Singh Son Of Sri Sujeet Kumar Singh Resident Of Village - Malpur, P.S. - Patepur, Distt. - Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 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 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.

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 informant is not an eye witness of the alleged occurrence and no specific

Patna High Court CR. MISC. No.40953 of 2023(3) dt.10-08-2023 2/2 allegation of shot firing levelled against the petitioner. It is further submitted that during investigation, the petitioner confessed about his complicity in this alleged occurrence which is not admissible in the eye of law. The petitioner is languishing in judicial custody since 24.01.2023. 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 Patepur P.S. Case No. 03 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, Vaishali at Hajipur.

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