Patna High CourtCR. MISC./62807/2023allowed

Bikki Patel v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62807 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Bikki Patel S/O Vinod Kumar Singh R/O Village- Dihara, Ps- Bhabua, At Present R/O Village Akhashpur , P.S. Bhabua , District Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 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 341, 342, 323, 307, 504 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the petitioner is that he made fire upon the nephew of the informant but did not hit anyone. It is further alleged that he along with other co-accused persons assaulted the informant's nephew.

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. The petitioner was neither apprehended on spot nor any incriminating article has been

Patna High Court CR. MISC. No.62807 of 2023(2) dt.22-09-2023 2/2 recovered from his conscious possession. It is further submitted that there is no injury report of the injured person. Moreover, the petitioner is languishing in judicial custody since 01.04.2023.

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 Bhabhua P.S. Case No. 143 of 2023 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, Kaimur at Bhabua. (Sunil Kumar Panwar, J) shubham/- U T