Gaurav Kumar @ Gauri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53977 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- BIRUPUR District- Lakhisarai ====================================================== GAURAV KUMAR @ GAURI SON OF LATE RAM SHARAN SINGH RESIDENT OF VILLAGE- RAM DIRI, PS- MATIHANI, DISTTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 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 sections 147, 148, 149, 302, 307, 326, 120(B) of the Indian Penal Code & Section 27 of the Arms Act.

3. As per prosecution case, accused persons including this petitioner are alleged to have surrounded the informant and his family members and started firing on them indiscriminately. In the meantime, the co-accused Prince, Amit and Manish started firing due to which one Sharvan Kumar died on the spot whereas the informant, his cousin brother Anshu and Anand Mohan sustained firearm injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.53977 of 2023(3) dt.07-11-2023 2/2 falsely been implicated in this case. The specific allegation is against co-accused Prince Kumar, who is rangdar and petitioner is said to be the associate of the said Prince Kumar. Nothing specific allegation has been levelled against the petitioner and also no any consistent evidence has come against him. It is further submitted that similarly situated other co-accused namely Manish Kumar @ Janam has already been granted bail by this Bench vide order dated 17.10.2023. passed in Cr. Misc. No. 67517 of 2023. Moreover, the petitioner is languishing in judicial custody since 04.04.2023.

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 Birupur P.S. Case No. 17 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai.

(Sunil Kumar Panwar, J) lata/- U T