Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55528 of 2023 Arising Out of PS. Case No.-66 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== CHANDAN KUMAR son of Late Bhola Singh Village- Piparpanti PsPasraha Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bharat Bhushan For the Opposite Party/s :
Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 307, 120(B)/34 of the Indian Penal Code and section 27(3) of the Arms Act.
3. As per allegation in the FIR, all the FIR named accused persons along with 3-4 unknown persons are said to have fired upon the son of the informant due to which he died.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No specific overt act is attributed against the petitioner. Specific allegation of opening fire is against co-accused Deepak and accused Kampani Singh was order giver. Petitioner has no hand
Patna High Court CR. MISC. No.55528 of 2023(3) dt.03-10-2023 2/2 in commission of murder. Order giver Kampani Singh had already been granted bail by another co-ordinate Bench of this Court vide order dated 14.9.2023 passed in Cr. Misc. No. 58583 of 2023. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 2.4.2023.
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, 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 Judicial Magistrate, 1st Class, Khagaria in connection with Pasraha PS Case No. 66 of 2023.
(Sunil Kumar Panwar, J) sushma/- U