Saryug Kumar @ Chhotu Saw @ Chhotu @ Saryug Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54247 of 2024 Arising Out of PS. Case No.-1010 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== Saryug Kumar @ Chhotu Saw @ Chhotu @ Saryug Saw, (Male), aged about 28 years, Son Of Shubash Saw, R/O Village- Chailitar, P.S.- Alamganj, DistPatna. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Arun Tiwari, Advocate For the Opposite Party :
Mr. Jharkhandi Upadhyay, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Alamganj P.S. Case No. 1010 of 2023 dated 01.11.2023 registered for the offences punishable under Sections 302 of the I.P.C. and Section 27 of the Arms Act.
3. As per the prosecution case, some unknown miscreants are alleged to have murdered the informant's brother by firing bullet on his head.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner is not named in the F.I.R. His name has come in the present case on the basis of
Patna High Court CR. MISC. No.54247 of 2024(2) dt.08-08-2024 2/2 the confessional statement of the co-accused Arjun Yadav which has got no evidentiary value in the eye of law. The said coaccused Arjun Yadav has already been granted bail by a Bench of this Court vide Cr. Misc. No. 44702 of 2024 under order dated 20.07.2024. It is further submitted that no incriminating article has been recovered from the possession of the petitioner. There is no eye witness to the alleged occurrence. The petitioner has not been put on T.I. Parade. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 28.02.2024. 5.Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, 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 the learned A.C.J.M.,-IV, Patna City in connection with Alamganj P.S. Case No. 1010 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T