Patna High CourtCR. MISC./59977/2023allowed

Rohit Kumar Srivastava v. The State Of Bihar

2023-09-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59977 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- PARSA District- Saran ====================================================== Rohit Kumar Srivastava S/O Late Sunil Kumar Srivastawa R/O VillageHarpur Parsa, P.S- Parsa, Distt.- Saran At Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 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 sections 307, 34 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, it is alleged that while the informant was returning home, in the meantime two unknown miscreants tried to stop him, when he did not do so then they fired upon the informant due to which he sustained injury and his treatment is going on. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.59977 of 2023(2) dt.14-09-2023 2/2 confession of the petitioner which does not get evidentiary value in the eye of law. The petitioner is not named in the FIR and there is no specific allegation of firing levelled against him. It is further submitted that no consistent material has come out against the petitioner. Moreover, he is languishing in judicial custody since 02.07.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Parsa P.S. Case No. 23 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkumar/- U T