Patna High CourtCR. MISC./40937/2023allowed

Varun Patel v. The State Of Bihar

2023-07-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40937 of 2023 Arising Out of PS. Case No.-1454 Year-2022 Thana- DANAPUR District- Patna ====================================================== Varun Patel S/O Jitendra Singh R/O Village- East Panchsheel Nagar, Ps. Danapur,Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 120(b)/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder of the son of the informant by gunshot firing by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The specific accusation of gunshot firing is against Himanshu @ Torego and

Patna High Court CR. MISC. No.40937 of 2023(2) dt.14-07-2023 2/2 Nishant not against the petitioner. The petitioner is only alleged that he was member of the mob. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 16.12.2022.

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 Additional Chief Judicial Magistrate, 1st, Danapur in connection with Danapur P.S. Case No. 1454 of 2022.

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