Arjun Dhanuk v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55175 of 2023 Arising Out of PS. Case No.-415 Year-2022 Thana- SAHPUR District- Bhojpur ====================================================== ARJUN DHANUK Son of Kishun Dhanuk Resident of Village and Police Station-Shahpur, District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Shahpur P.S. Case No. 415 of 2022 dated 28.11.2022 registered for the offences punishable u/s 302, 120B read with section 34 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons along with 3-4 unknown miscreants holding lethal weapons are alleged to have fired indiscriminately with intent to kill. The co-accused, Vidya Sagar fired on the brother of the informant which hit on his chest. The petitioner and the co-accused persons also fired on the deceased causing firearms injuries on his hand and other parts of the body.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.55175 of 2023(2) dt.31-08-2023 2/2 this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The coaccused person has already been granted bail by the Coordinate Bench of this Court vide order dated 25.5.2023 passed in Cr. Misc. No. 28935 of 2023. The petitioner is accused in 3 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 9.2.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the deceased sustained firearm injury.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Bhojpur at Ara in connection with Shahpur P.S. Case No. 415 of 2022.

7. The application stands allowed.

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