Patna High CourtCR. MISC./48866/2023bail granted

Keshav Kumar @ Naga @ Keshav Kumar Naga v. The State Of Bihar

2023-08-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48866 of 2023 Arising Out of PS. Case No.-438 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Keshav Kumar @ Naga @ Keshav Kumar Naga Son Of Ram Vinay Singh @ Vinay Singh @ Binay Singh Resident Of Village- Bihat, Tola-Khem Karanpur, Ps- Barauni, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hare Krishna Prasad, Advocate For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Barauni (Chakiya O.P) P.S Case No. 438 of 2022 dated 14.09.2022 registered for the offences punishable under Sections 120B and 307 read with 34 of the Indian Penal Code and Sections 25(1-B)a, 26, 27 and 35 of the Arms Act.

4. As per the prosecution case, two unknown miscreants boarded on a motorcycle fired indiscriminately on

Patna High Court CR. MISC. No.48866 of 2023(2) dt.17-08-2023 2/3 public due to which the informant sustained injury on his knee of right leg.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Yuvraj Kumar. The other co-accused person has already been granted bail by this Court vide order dated 22.05.2023 passed in Cr. Misc. No. 21333 of 2023. The injury sustained is on non-vital part of the body. The petitioner is accused in seven other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 17.09.2022

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Barauni (Chakiya O.P) P.S Case No. 438 of 2022, with the condition :- (i). The petitioner is directed to remain physically

Patna High Court CR. MISC. No.48866 of 2023(2) dt.17-08-2023 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T