Patna High CourtCR. MISC./43960/2023bail granted

Amit Kumar v. The State Of Bihar

2023-07-31Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43960 of 2023 Arising Out of PS. Case No.-610 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== 1.

AMIT KUMAR S/O SANJAY KUMAR @ SANJAY SINGH @ MILAN SINGH R/O VILLAGE- GHOSRAWAN, PS. GIRIAK (PAWAPURI), DIST. NALANDA 2.

SUMIT KUMAR @ DIMPAL KUMAR S/O SANJAY KUMAR @ SANJAY SINGH @ MILAN SINGH R/O VILLAGE- GHOSRAWAN, PS. GIRIAK (PAWAPURI), DIST. NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2023

1. Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Giriyak (Pawapuri) P.S. Case No. 610 of 2022 dated 28.11.2022 registered for the offences punishable u/s 341 and 307 of the Indian Penal Code and 27 of the Arms Act.

4. As per the prosecution case, four unknown

Patna High Court CR. MISC. No.43960 of 2023(2) dt.31-07-2023 2/3 miscreants are alleged to have opened fire on the informant's son which hit his leg and arm when he was returning to his home.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Nothing incriminating material have been recovered from the conscious possession of the petitioners. The petitioners are not named in the FIR. Their name have surfaced during the course of the investigation. The injured sustained injuries on non-vital part of his body. The petitioner No. 1 has clean antecedents and the petitioner No. 2 has one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 17.2.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners and submitted that the victim sustained two firearm injuries which are grievous in nature caused by firearm.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bonds of Rs.20,000/- (Rupees Twenty Thousand) each with

Patna High Court CR. MISC. No.43960 of 2023(2) dt.31-07-2023 3/3 two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda at Biharsharif in connection with Giriyak (Pawapuri) P.S. Case No. 610 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T