Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54230 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- JAYRAMPUR District- Sheikhpura ====================================================== Abhay Kumar Son of Rambaran Singh Resident of vill - Narshingpur, P.s. - Jairampur, Distt. - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, on the alleged date of occurrence the informant along with his brother and driver was going to his home with Rs. 2,92,000/- in a Scorpio vehicle and when he reached near his village suddenly the petitioner along with other accused persons came armed with firearms and started firing indiscriminately on his vehicle due to which the vehicle got damaged.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.54230 of 2023(2) dt.25-08-2023 2/2 that the petitioner is innocent and committed no offence. He has falsely been implicated in the present case due to previous enmity and land dispute. In this case, no weapons have been recovered and no one has received any gun shot injury. There is case and counter case between the parties. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is also submitted that petitioner is languishing in judicial custody since 01.07.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Jairampur P.S. Case No.34 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Sheikhpura. (Sunil Kumar Panwar, J) lata/- U T