Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46732 of 2022 Arising Out of PS. Case No.-129 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== Alok Kumar S/O Late Prem Sah Resident Of Chitkohra Bazaar, Ambedkar Chowk, P.S.- Gardanibagh, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Sri Yogesh Chandra Verma Mr.Nityanand Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-02-2023 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 a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case in nutshell is that when the informant was alone in his mobile shop then two boys came and started inquiring about mobile phones and third boy came and started abusing. When the informant opposed, one of them fired upon him due to

Patna High Court CR. MISC. No.46732 of 2022(4) dt.14-02-2023 2/3 which informant sustained injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. No incriminating article has been recovered from the possession of the petitioner. Although the petitioner is named in F.I.R. and he has been put on T.I. Parade but from the perusal of the memoranda of proceedings of T.I. Parade it appears that, the remarks columns hold that the petitioner could not be identified by the witness whereas co-accused Sonu Jamui @ Rakesh Kumar @ Rakesh Kumar Sonu was identified. Moreover, the petitioner is languishing in judicial custody since 17.05.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to

Patna High Court CR. MISC. No.46732 of 2022(4) dt.14-02-2023 3/3 enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Gardanibagh P.S. Case No. 129 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 A.C.J.M. XIV, Patna. (Sunil Kumar Panwar, J) nirajkrs/- U T