Patna High CourtCR. MISC./52295/2023allowed

Prince Kumar v. The State Of Bihar

2024-02-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52295 of 2023 Arising Out of PS. Case No.-818 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Prince Kumar Son Of Dilip Thakur Resident Of Village- Repura, Ps- Karza, Dist- Muzaffarpur ... ... Petitioner/s

Versus

1.The State of Bihar

2. Neeraj Kumar Pandey S/o Late Kailash Pandey R/o- Sonvarsha P.S. Kanti, Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Neeraj Kumar Alias Sanidh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 307 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the petitioner is that he opened fire upon the informant due to which he sustained injury and the reason for this alleged occurrence is said to be money related dispute.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from annexure-2 which is the deposition of the informant before trial court in which, he has not supported the prosecution case and

Patna High Court CR. MISC. No.52295 of 2023(7) dt.06-02-2024 2/2 said that who has fired upon him, he could not recognize because of dark night. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 30.11.2022.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kanti P.S. Case No. 818 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class (West) at Muzaffarpur. (Sunil Kumar Panwar, J) Shubham/- U T