Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45331 of 2023 Arising Out of PS. Case No.-21 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Pintu Kumar Son Of Ashok Mahto Resident Of Village- Rani Sakarpura, PsGangaur, Distt- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirityunjay Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B/34 of the IPC and Section 27 of the Arms Act. As per prosecution case, the allegation against the accused persons is that while the informant along with father and his brother were sitting at their Kiran Sho, situated at Deopura Chauk, all of a sudden, accused persons boarded on motorcycles arrived there and made indiscriminate firing due to which his father suffered

Patna High Court CR. MISC. No.45331 of 2023(2) dt.28-07-2023 2/3 multiple injures and died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR and merely on basis of confessional statement of co-accused name of the petitioner dragged in this present case. He has falsely been implicated in this case. There is no specific allegation of overt-act levelled against the petitioner. Similarly situated co-accused has already been granted bail by a coordiante Bench of this Court vide order dated 29.06.2022, passed in Cr. Misc. No. 40312 of 2021. It is further submitted that the petitioner is languishing in judicial custody since 24.01.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

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 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nowkothi P.S. Case No. 21 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.45331 of 2023(2) dt.28-07-2023 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist Begusarai.

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