Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50898 of 2022 Arising Out of PS. Case No.-249 Year-2022 Thana- NAWADA District- Nawada ====================================================== AKASH KUMAR S/O MAHENDRA PRASAD @ UPENDRA PRASAD Resident of Mohalla- Linepar Mirlapur, Nawada, P.S. and District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Promod Kumar Verma Adv.

For the Opposite Party/s :

Mr.Pushpa Sinha A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307 and 326 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, two miscreants wrapped their faces with gamchha came to the informant's son and one miscreant took out pistol and fired on him which hit on the right leg of the informant's son.

Patna High Court CR. MISC. No.50898 of 2022(2) dt.14-12-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is no specific allegation against the petitioner. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 09.06.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that injury is on non-vital part of the body.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Nawada Nagar P.S. Case No. 249 of 2022, with a condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.50898 of 2022(2) dt.14-12-2022 3/3 The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T