Patna High CourtCR. MISC./60228/2023allowed

Murari Kumar Soni @ Murlidhar v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60228 of 2023 Arising Out of PS. Case No.-636 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== Murari Kumar Soni @ Murlidhar S/O Late Ruplal Soni Village Shivganj P S Madanpur District Aurangabad (Bihar) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 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, 326, 504 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, the petitioner is alleged to have opened fire which hit on the shoulder of the informant due to which he sustained gun shot injury and fell down. Thereafter, the present FIR was lodged.

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. It is also submitted vide para-9 of the petition hat the informant/injured appeared before trial court as P.W.-1 who has not supported the prosecution

Patna High Court CR. MISC. No.60228 of 2023(2) dt.12-09-2023 2/2 allegation. The informant has not made specific overt-act against the petitioner and stated that he has not seen that who fired upon him. Moreover, the petitioner is languishing in judicial custody since 16.5.2023.

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 Sessions Trial No. 488 of 2023 arising out of Madanpur P.S. Case No. 636 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Aurangabad.

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