Sintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51201 of 2024 Arising Out of PS. Case No.-186 Year-2023 Thana- PRATAPGANJ District- Supaul ====================================================== Sintu Kumar Son of Vindeshwari Yadav R/O-Barmotra, Mahinathpur, P.S. -Raghopur, Distt.- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Pratapganj P.S. Case No. 186 of 2023, registered for the offences punishable under Sections 341, 447, 448, 307, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, on 28.09.2023 when the informant was sleeping with his family at home, a phone call came from a mobile number to him to come out, thereafter,
Patna High Court CR. MISC. No.51201 of 2024(2) dt.19-07-2024 2/3 when he come outside, all the seven accused persons including three unidentified persons started indiscriminate firing upon the informant and to save his life, he went inside the room and locked him. Thereafter the informant took help of the police.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is not named in the FIR and on the basis of the confessional statement of coaccused, Md. Sarfaraj, the name of the petitioner transpired in this case. No one has sustained injury in the alleged occurrence. There is no material against the petitioner except the confessional statement of co-accused. He also submits that similarly situated co-accused, namely, Sushil Kumar Mandal @ Shashi Mandal has already been granted regular bail by this Court vide order dated 23.01.2024 passed in Cr. Misc. No. 86476 of 2023. The petitioner has been remanded in this case on 23.01.2024 and since then he is in judicial custody in this case. The petitioner has two criminal antecedent and he undertakes to co-operate in the trial.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.51201 of 2024(2) dt.19-07-2024 3/3 and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Birpur at Supaul / Concerned Trial Court in connection with Pratapganj P.S. Case No. 186 of 2023.
(Sunil Dutta Mishra, J) ashishkr/- U T