Monu Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54953 of 2023 Arising Out of PS. Case No.-43 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== MONU PATEL Son of Late Kalyan Singh Mohalla-Jajak Toli, P.S.-Chawk, District-Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar Singh For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, some unknown miscreants came at the shop of informant and started firing due to which the informant sustained injury in his stomach.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Saurabh Kumar, which has got no
Patna High Court CR. MISC. No.54953 of 2023(3) dt.08-11-2023 2/2 evidentiary value in the eyes of law. Nothing incriminating article has been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. On the basis of suspicion and due to his criminal antecedents, petitioner has been falsely implicated in the present case. He is languishing in judicial custody since 31.05.2022.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge 1st PatnaCity in connection with Alamganj P.S. Case No. 43 of 2022.
(Sunil Kumar Panwar, J) Arish/- U T