Patna High CourtCR. MISC./65371/2023allowed

Gabna @ Vinay Kumar Jaiswal @ Vinay Kumar Bhagat v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65371 of 2023 Arising Out of PS. Case No.-125 Year-2023 Thana- RUPAULI District- Purnia ====================================================== GABNA @ VINAY KUMAR JAISWAL @ VINAY KUMAR BHAGAT Son of Late Suresh Bhagat @ Suresh Jaiswal R/o vill - Jangal tola, P.S. - Rupauli (Mohanpur O.P.), Distt. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 386, 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of brutally assaulting and firing upon the brother of the informant leading to his death.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act against the petitioner. He further submitted that the specific allegation of

Patna High Court CR. MISC. No.65371 of 2023(2) dt.13-10-2023 2/2 firing to the brother of the informant is against co-accused Naval Yadav due to which he succumbed to injury. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 24.06.2023.

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 only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnia in connection with Rupauli P.S. Case No. 125 of 2023.

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