Amir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57776 of 2023 Arising Out of PS. Case No.-119 Year-2023 Thana- MANIYARI District- Muzaffarpur ====================================================== Amir Kumar Son Of Late Ganesh Mahto Village- Karhatti, Ps- Aurai, DistMuzaffarpur, Presently Residing At Kachchi Pakki, Susta Madhopur, PsSadar, Dist- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vaidehi Raman Prasad Singh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 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, the allegation against two unknown miscreants is that they boarded on a motorcycle came and fired upon the informant and his friend due to which they sustained gunshot injury.

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.57776 of 2023(2) dt.04-09-2023 2/2 confessional statement of co-accused. The petitioner is not named in the FIR and no specific allegation of shot firing levelled against him. It is further submitted that except suspicion no consistent material has come out against the petitioner. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 17.04.2023.

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 Maniyari P.S. Case No. 119 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