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Patna High CourtCR. MISC./59373/2024bail granted

Suraj Kumar v. The State Of Bihar

2024-10-28Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59373 of 2024 Arising Out of PS. Case No.-661 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Suraj Kumar S/O Prem Lal Rai Resident of village -Malinagar Simri, P.SChakmehsi, Dist.-Samastipur, Bihar, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mandira Sau For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Tajpur P.S. Case No. 661 of 2023, registered for the offences punishable under Sections 394 of the IPC & 27 of the Arms Act.

3. As per allegation, while the informant was sitting at his shop, altogether four miscreants on two motorcycles arrived at there and abused as well as threatened him not to do politics in panchayat. One of them fired upon the informant with an intention to kill him resulting firearm injury on the left thigh of the informant. Thereafter, they fled away.

4. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.59373 of 2024(3) dt.28-10-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner was not arrested at the spot. Nothing was recovered from his possession. The FIR is against unknown persons and except confessional statement of co-accused Pankaj Kumar, there is nothing against the petitioner. His further submission is that the co-accused Golu Kumar whose name has surfaced in confessional statement of co-accused Pankaj Kumar has been granted bail.

5. On the other hand, learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st Class, Samastipur in connection with Tajpur P.S. Case No. 661 of 2023, subject to the following condition:-

7. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/AKV U T