← Library
Patna High CourtCR. MISC./55062/2023allowed

Uttam Kumar v. The State Of Bihar

2023-12-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55062 of 2023 Arising Out of PS. Case No.-148 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== UTTAM KUMAR SON OF RATAN PRASAD @ RATAN RESIDENT OF MUHALLA - SHITAL TOLA, P.S. - ARA NAGAR, DISTRICT - BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 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 Section 379, 307/34 of the IPC and Section 27 of the Arms Act.

3. As per prosecution case, the petitioner along with other co-accused persons snatched golden chain, cash of Rs. 30,000/-from the informant. It is further alleged that the petitioner fired upon the informant due to which he sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner and informant are resident of same Mohalla and there is enmity between the family so

Patna High Court CR. MISC. No.55062 of 2023(4) dt.04-12-2023 2/2 petitioner and his brother have falsely implicated in the present case. From the perusal of the impugned order as well as injury report, it is evident that the informant has sustained gun shot injury and not in vital part on the body. He further submitted that the treatment of the informant was done in private hospital. He is languishing in judicial custody since 24.02.2023.

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 the 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nagar P.S. Case No. 148 of 2023. (Sunil Kumar Panwar, J) Arish/- U T