Patna High CourtCR. MISC./51047/2023allowed

Shubham Kumar v. The State Of Bihar

2023-08-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51047 of 2023 Arising Out of PS. Case No.-282 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== SHUBHAM KUMAR SON OF RAJESH KUMAR R/O-NAUBATPUR, P.S.- NAUBATPUR, DISTT.-PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Pd. Singh For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 120(B) and 34 of the IPC and Section 27 of Arms Act. As per allegation in the F.I.R., brother of the informant forbade the informant to going out as three miscreants ambushed in a nearby parked tempo, who suddenly fired upon him but the informant narrowly escaped and did not hit anyone. It is further alleged that after chase, petitioner was apprehended while two of them managed to escape.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to his long criminal

Patna High Court CR. MISC. No.51047 of 2023(2) dt.28-08-2023 2/2 antecedents. Allegedly petitioner has opened fire but it hit to none. He is languishing in judicial custody since 30.6.2022. 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 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 Chowk P.S. Case No. 282 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 ADJ IV, Patna City.

(Sunil Kumar Panwar, J) lata/- U