Patna High CourtCR. MISC./42761/2023bail granted

Praful Kumar v. The State Of Bihar

2023-07-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42761 of 2023 Arising Out of PS. Case No.-796 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Praful Kumar Son Of Jaijai Yadav Resident Of Village- Hathwan, Ps- Alauli, District- Khagaria 2.

Rahul Kumar Son Of Arjun Yadav Resident Of Village- Hathwan, PsAlauli, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 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 APP for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Khagaria (Gangaur) P.S. Case No. 796 of 2022, G.R. No. 2132 of 2022 dated 02.08.2022 registered for the offences punishable under Sections 302 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, two unknown miscreants boarded on a motorcycle intercepted the informant's son and fired on him and the miscreants fled away.

Patna High Court CR. MISC. No.42761 of 2023(2) dt.20-07-2023 2/2

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the F.I.R. The name of the petitioners have sprung up in the confessional statement of the co-accused. The petitioners are accused in two other criminal cases as stated in para 3 of the bail petition. The petitioners are in custody since 29.03.2023.

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

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-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 796 of 2022, G.R. No. 2132 of 2022.

8. The application stands allowed.

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