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Patna High CourtCR. MISC./61772/2025allowed

Abatu Kumar @ Abtu Kumar v. The State Of Bihar

2025-09-08Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61772 of 2025 Arising Out of PS. Case No.-42 Year-2025 Thana- NAUHATTA District- Saharsa ====================================================== Abatu Kumar @ Abtu Kumar S/o Ramvilash Yadav @ Ram Bilas yadav R/o Village- Jori, Ward No. 08, P.S.- Nauhtta, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-09-2025 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 126(2), 109, 352, 351(2) and 3(5) of B.N.S and Section 27 of the Arms Act.

3. The case of the prosecution is that three persons on a bike having mask on their face arrived and fired at the leg of the informant.

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. Learned counsel for the petitioner has submitted that save and except the confessional statement of this petitioner, there is nothing is against him. It has also been submitted two persons namely, Sunil Kumar and

Patna High Court CR. MISC. No.61772 of 2025(2) dt.08-09-2025 2/2 Manikant Kumar whose names have surfaced on the basis of confessional statement of this petitioner, have already been granted bail vide Cr. Misc. Nos. 58470 of 2025 and 53225 of 2025 respectively. The case of this petitioner stands on similar footing. It has further been submitted that this petitioner was not identified by anyone. Moreover, he is languishing in judicial custody since 17.03.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nauhatta P.S. Case No. 42 of 2025 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, Saharsa.

(Ashok Kumar Pandey, J) Shubham/- U T