Patna High CourtCR. MISC./43463/2023bail granted

Bijendra Kumar @ Ashish Kumar v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43463 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== BIJENDRA KUMAR @ ASHISH KUMAR S/O ARVIND KUMAR R/O Village- Nakhas Chowk, P.S- Maharajganj, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023

1. Learned counsel for the petitioner 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 petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Manjhagarh P.S. Case No. 47 of 2023 dated 17.2.2023 registered for the offence punishable u/s 3307, 385, 387, 506 read with section 34 of the Indian Penal Code and 27 of the Arms Act.

4. As per the prosecution case, five miscreants boarded on two motorcycles came and entered the shop of the

Patna High Court CR. MISC. No.43463 of 2023(2) dt.27-07-2023 2/3 informant and fired on the informant which hit his brother, Gauri Shankar. The reason behind the said occurrence is stated to be demand of ransom.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. His name has sprung up in the confessional statement of co-accused, Amit Thakur. No TIP has been conducted by the prosecution. The petitioner is accused in 3 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 25.4.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Manjhagarh P.S. Case No. 47 of 2023 PTN No. 607 of 2023.

Patna High Court CR. MISC. No.43463 of 2023(2) dt.27-07-2023 3/3

8. The application stands allowed.

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