Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56549 of 2023 Arising Out of PS. Case No.-486 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

Bablu Kumar S/O Arvind Singh R/O Village And Post- Sanni, ThanaDaudnagar, Distt.- Aurangabad(Bihar). 2.

Manish Kumar S/O Arvind Singh R/O Village And Post- Sanni, ThanaDaudnagar, Distt.- Aurangabad(Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunal Aryan For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 Let the defect(s) be ignored as pointed out by the office.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 384, 386, 307, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the allegation against the accused persons including the petitioners is that they armed with various weapons came at the shop of the informant and due to non-fulfillment of extortion money they indiscriminately started

Patna High Court CR. MISC. No.56549 of 2023(3) dt.14-09-2023 2/3 firing, in course of the incident the petitioner No-1 fired upon the informant and the petitioner No-2 fired upon one Sanoj Kumar Singh due to which they sustained gunshot injury in their thighs.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to previous enmity. During course of investigation, it came into light that FIR named accused, namely Dablu Kumar was brutally assaulted by the informant's side due to which Dablu Kumar sustained injuries and during treatment he died. And the father of the deceased has also lodged counter case against the informant side. It is further submitted that demand of extortion money has not been executed. Moreover, they are languishing in judicial custody since 20.03.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Daudnagar P.S. Case No.

Patna High Court CR. MISC. No.56549 of 2023(3) dt.14-09-2023 3/3 486 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) manishkumar/- U T