Jyotish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46549 of 2022 Arising Out of PS. Case No.-227 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Jyotish Kumar S/O Manoj Mahto Resident Of Village- Raja Dumri, Ward No.-02, P.S.- Muffasil, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Muffasil (Lakho) P.S. Case No. 227 of 2022 registered under Sections 307, 504, 506 and 34 of the Indian Penal Code and 27 of the Arms Act. Prosecution case relates to short fire upon the informant's son, namely, Murari Kumar, in which, he sustained gun shot injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to previous enmity and village politics. It is further submitted that there is

Patna High Court CR. MISC. No.46549 of 2022(4) dt.07-02-2023 2/2 no direct and consistent evidence available against the petitioner rather only on the basis of suspicion, his name came in the F.I.R. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 26.05.2022.

The application for bail is vehemently opposed by learned APP for the State and submitted that the injury sustained by injured is fire arm as opined by the doctor of private hospital. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Muffasil (Lakho) P.S. Case No. 227 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai. (Sunil Kumar Panwar, J) shubham/- U T