Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55471 of 2023 Arising Out of PS. Case No.-491 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Sonu Kumar Son Of Birendra Rai Resident Of Villege- Labapur, Ps- Mahnar, Distt- Vaishali At Present Resident Of Village- Maricha, Ps- Tajpur (Halai Op), Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code and Section 25(1-b)a, 26 and 27 of the Arms Act.

As per allegation in the FIR, when the informant was going to his house, three miscreants came there on a motorcycle, encircled him and snatched his mobile and on protest, one of them opened fire as a result of which informant sustained gun shot injury in his abdomen and his finger.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither

Patna High Court CR. MISC. No.55471 of 2023(2) dt.30-08-2023 2/2 the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession. Save and except suspicion, nothing has come against the petitioner to show his complicity in the alleged incident. During investigation, name of Gulsan Kumar has come as an assailant. Petitioner is languishing in judicial custody since 6.6.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Chief Judicial magistrate 1st, Samastipur in connection with Tajpur (Halai O.P.) P.S. Case No. 491 of 2022. (Sunil Kumar Panwar, J) sushma/- U