Patna High CourtCR. MISC./53990/2023allowed

Sonu Kumar @ Dilkhush v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53990 of 2023 Arising Out of PS. Case No.-117 Year-2022 Thana- ISMAILPUR District- Bhagalpur ====================================================== Sonu Kumar @ Dilkhush Son Of Gode Yadav Resident Of Village - Tintanga Karari, P.S.- Gopalpur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 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 302, 120B and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the petitioner is that he fired upon the informant's brother due to which died on spot and apprehended person disclosed the name of the petitioner who fled after making fire.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing consistent material has come against the petitioner except so- called confessional statement of other co-accused person before the police which

Patna High Court CR. MISC. No.53990 of 2023(4) dt.28-11-2023 2/2 has got no evidentiary value in the eye of law. Informant is not the eye witness of the alleged occurrence. Moreover, the petitioner is languishing in judicial custody since 25.04.2023.

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 Ismailpur P.S. Case No. 117 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 Judicial Magistrate 1st Class, Naugachia, Bhagalpur. (Sunil Kumar Panwar, J) Shubham/- U T