Madhav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68731 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- BIRUPUR District- Lakhisarai ====================================================== Madhav Kumar Son Of Ranjit Singh @ Ranjeet Singh Resident Of VillageSharma Tal, Police Station-Birupur, District-Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Munish Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 302, 307, 326, 120B of the IPC and Section 27 of the Arms Act.

3. As per prosecution case, the accused persons including this petitioner are alleged to have surrounded the informant and his family members and started firing on them indiscriminately. In the meantime, the co-accused Prince, Amit and Manish started firing due to which one Shravan Kumar died

Patna High Court CR. MISC. No.68731 of 2023(2) dt.01-11-2023 2/3 on the spot whereas the informant, his cousin brother Anshu and Anand Mohan sustained firearm injuries.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light on the basis of confessional statement of co-accused namely Prince Kumar, which has got no evidentiary value in the eyes of law. No specific allegation has been levelled against the petitioner and also no any consistent evidence has come against him. Further, it is submitted that the other co-accused has already been granted bail by this Bench vide order dated 01.09.2023 passed in Cr. Misc. No. 57777 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 01.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.68731 of 2023(2) dt.01-11-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Laskhisarai/ concerned Court in connection with Birupur P.S. Case No. 17 of 2023.

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