Patna High CourtCR. MISC./61328/2023allowed

Rajesh Kumar v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61328 of 2023 Arising Out of PS. Case No.-319 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== RAJESH KUMAR SON OF LATE NATHUN YADAV RESIDENT OF VILLAGE - MURGIYACHAK, RATAN BIGHA, P.S. - GHOSHI, DISTRICT - JAHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Sinha For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 401 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, when the informant along with police official started checking vehicle, in the meantime, four miscreants boarded on motorcycle tried to flee after making firing. This petitioner is said to have been arrested from whose possession, one mobile set was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No specific allegation of

Patna High Court CR. MISC. No.61328 of 2023(3) dt.08-11-2023 2/2 firing against the petitioner. He has no concern with other coaccused persons and nothing incriminating has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 23.6.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Arwal P.S. Case No. 319 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 Chief Judicial Magistrate, Arwal.

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