Patna High CourtCR. MISC./48789/2023allowed

Rishu Kumar v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48789 of 2023 Arising Out of PS. Case No.-240 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== RISHU KUMAR Son of Amit Kumar Singh @ Amit Kumar Ray Resident of village - Narepur Dharampur, P.S. - Bachhwara, distt. - Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 307, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, two unknown persons fired upon the informant, due to which he sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown person. There is no specific overt act of firing against the petitioner. The name of the petitioner has come into light on the basis of his self confession before the police, which has got no

Patna High Court CR. MISC. No.48789 of 2023(3) dt.12-09-2023 2/2 evidentiary value in the eyes of law. Except suspicion, there is no consistent evidence has come against the petitioner. Petitioner has remanded in this on 25.03.2023 and since then he is languishing in judicial custody.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Bachhwara P.S. Case No. 240 of 2022.

(Sunil Kumar Panwar, J) arish/- U