Patna High CourtCR. MISC./63681/2023allowed

Sonu Ojha @ Nitesh Kumar Sonu @ Nitesh Kumar v. The State Of Bihar

2023-10-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63681 of 2023 Arising Out of PS. Case No.-400 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Sonu Ojha @ Nitesh Kumar Sonu @ Nitesh Kumar Son Of Prem Ojha Resident Of Village Ambika Nagar, Ward No. 12, Ps- Banjariya, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 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 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the petitioner is that he opened fire upon the cousin brother of the informant due to which he sustained gun shot injury.

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 further submitted that the nature of injury is simple as per injury report. Compromise has been held between both the parties and in support of this,

Patna High Court CR. MISC. No.63681 of 2023(2) dt.10-10-2023 2/2 Annexure-3 has been annexed in this petition. Moreover, the petitioner is languishing in judicial custody since 01.08.2023.

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 Turkauliya (Banjariya) P.S. Case No. 400 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 Chief Judicial Magistrate, East Champaran at Motihari.

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