Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58882 of 2022 Arising Out of PS. Case No.-77 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== Arun Kumar Son Of Ramesh Rai @ Malang Rai R/O Village- Jalalpur, P.S.- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case in nutshell is that the informant heard sound of firing from the under constructed house, where his son was sleeping. Informant reached there and saw co-accused Ravi Kumar, Sanjay Shukla and other persons were fleeing from there having pistol in their hand. The son of

Patna High Court CR. MISC. No.58882 of 2022(2) dt.02-02-2023 2/3 informant disclosed that co-accused Ravi Kumar and Sanjay Shukla have assaulted him and he succumbed to gun shot injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is not named in F.I.R. and there is no specific allegation against him. The specific allegation is against co-accused Ravi Kumar & Sanjay Shukla. The name of petitioner transpired during investigation of this case. Moreover, petitioner is languishing in judicial custody since 6.6.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to

Patna High Court CR. MISC. No.58882 of 2022(2) dt.02-02-2023 3/3 enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Lalganj P.S. Case No. 77 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Vaishali, Hajipur.

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