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Patna High CourtCR. MISC./60785/2023allowed

Shashi Ranjan @ Shashi Ranjan Kumar v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60785 of 2023 Arising Out of PS. Case No.-144 Year-2019 Thana- KHUSRUPUR District- Patna ====================================================== Shashi Ranjan @ Shashi Ranjan Kumar S/O Ramdeo Singh R/O VillageBhuski, P.S- Khushrupur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratneshwar Prasad For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023

1. 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 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the allegation against the accused persons including the petitioner and some unknown is that they with intention to commit theft in the house of the informant entered and fired upon her wife due to which she sustained injuries. Thereafter, the injured was taken to hospital where doctor declared her dead.

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.60785 of 2023(2) dt.22-09-2023 2/2 shot firing levelled against the petitioner rather general and omnibus allegation levelled against him. It is further submitted that except suspicion no consistent material has come out against him. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 10.11.2020 passed in Cr. Misc. No. 24996 of 2020. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 18.04.2023.

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 Khushrupur P.S. Case No. 144 of 2019 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