Indramony Kumar @ Indramany Kumar @ Pintu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59202 of 2023 Arising Out of PS. Case No.-491 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Indramony Kumar @ Indramany Kumar @ Pintu Rai S/O Aditya Narayan Ray R/O Maricha, P.S.- Tajpur (HALAI O.P.), Dist.- 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 12-09-2023 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 is innocent and has committed no offence. He has been falsely implicated in this case. Neither the petitioner is named in the FIR nor put on TIP. His name has been surfaced in this case on the basis of confessional statement of co-accused Sonu Kumar. There is no eye witness of the alleged occurrence. Nothing has been

Patna High Court CR. MISC. No.59202 of 2023(2) dt.12-09-2023 2/2 recovered from his conscious possession. Save and except confessional statemnet of co-accused, nothing has come against the petitioner to show his complicity in the alleged incident. During investigation, it has come that co-accused Gulsan Kumar fired upon the informant and looted mobile of the informamt is in his possession. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 30.08.2023 passed in Cr. Misc. No.55471 of 2023. 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) lata/- U T