Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63188 of 2024 Arising Out of PS. Case No.-53 Year-2024 Thana- SARAIYA District- Muzaffarpur ====================================================== Akash Kumar Son of Braj Kishore Singh @ Brij Kishor Singh Resident of Village - Baitapur, P.S.- Sahebganj, District - Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar Pandey For the Opposite Party :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Saraiya P.S. Case No. 53/2024 dated 26.01.2024 registered for the offence punishable u/s 307 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, when the informant along with his brother was returning from his shop, four unknown miscreants boarded on two motorcycles started firing on them. To save their life the informant and his brother entered nearby house, then the informant came to know that his brother has sustained firearm injury on his cheek. Thereafter, the

Patna High Court CR. MISC. No.63188 of 2024(2) dt.24-09-2024 2/3 unknown miscreants started threatening the members of the house but when nearby people gathered, they fled away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a delay of three days in lodging the FIR. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Pintu Yadav. The petitioner has three antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 15.04.2024

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, (West) Muzaffarpur in connection with Saraiya P.S. Case No. 53/2024, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.63188 of 2024(2) dt.24-09-2024 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T