Patna High CourtCR. MISC./49314/2022bail granted

Shrawan Kumar v. The State Of Bihar

2023-01-09Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49314 of 2022 Arising Out of PS. Case No.-170 Year-2022 Thana- KORHA District- Katihar ====================================================== SHRAWAN KUMAR S/O GUNSAGAR SAH Resident of village- Pokhar Tola, East Bari Nagar, Pokharia, P.S.- Barari, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Musowir, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-01-2023 Heard Md. Musowir, learned counsel for the petitioner Mr. Jitendra Kumar Singh, learned APP for the State. The petitioner apprehends his arrest in connection with Korha P.S. Case No. 170 of 2022 instituted under Sections of the Indian Penal Code.

As per the prosecution story, the police during patrolling, apprehended two accused persons. While one of them managed to escape and further from search, two cartridges were recovered/seized. The two apprehended persons named the petitioner as the person who escaped.

Learned counsel for the petitioner submits he is a young boy pursuing his studies and do not have any criminal antecedent and has been merely dragged on the basis of confessional statement.

Patna High Court CR. MISC. No.49314 of 2022(2) dt.09-01-2023 2/2 Learned APP opposes the prayer for bail stating that his name has come in the confessional statement. Taking into account the fact that the petitioner is a young boy, has no criminal antecedent and his name has only come on the basis of confessional statement, this Court is inclined to grant him relief.

Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Korha P.S. Case No. 170 of 2022 to the satisfaction of learned C.J.M., Katihar, District-Katihar, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/Ajay Singh/- U T