Triveni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44693 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== TRIVENI KUMAR S/O ARUN SINGH R/O Village- Malpur, P.SKhushrupur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar For the Opposite Party/s :

Mrs.Anita Kumari For the Informant/s :

Mrs. Archana Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. 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 Arms Act.

3. As per prosecution case, the petitioner is alleged to have committed murder of the informant's son Ram Pratap Kumar along with other co-accused persons by causing firearm injuries, where occurrence arises out of old enmities.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. From perusal of FIR as well as case diary, it appears that no specific overt-act of firing attributed to the petitioner rather specific allegation is

Patna High Court CR. MISC. No.44693 of 2023(4) dt.04-09-2023 2/2 against co-accused Dhananjay Singh who shot fire upon the deceased due to which he sustained gun shot injury and died. General and omnibus allegation leveled against the petitioner. Moreover, similarly situated co-accused namely, Ranjay Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dt. 22.6.2023 passed in Cr. Misc. No. 1892 of 2023. The petitioner has got no criminal antecedent and languishing in judicial custody since 3.4.2023.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

6. 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 him on bail. The above named petitioner is directed to be released on bail in connection with Khushrupur P.S. Case No. 16 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 J.M., 1st Class, Patna City.

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