Sohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57872 of 2022 Arising Out of PS. Case No.-153 Year-2022 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Sohan Kumar S/O Late Shankar Patel Resident Of Village- Sripur Kevaiya, P.S.- Jharokhar, District- East Champaran (Motihari) At Present Oriental Club, Renter Of Ajay Patel, P.S.- Kazi Mohammadpur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 307 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case as per F.I.R is that the informant was at his work-place Kamla Chicken Center and about 11:10 hours in the night, he went out to throw waste into the dustbin then a person with mask on his face came riding on motor-cycle and shot two bullets

Patna High Court CR. MISC. No.57872 of 2022(4) dt.27-03-2023 2/3 on him causing injury on his waist and left arm. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the re-statement of the informant. There is no eye witness to the occurrence. There is no consistent material evidence against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner is languishing in custody since 19.07.2022.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.57872 of 2022(4) dt.27-03-2023 3/3 Judicial Magistrate 1st, East, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 153 of 2022. (Sunil Kumar Panwar, J) Ayush Tripathi/- U T