Suman Kuwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68369 of 2024 Arising Out of PS. Case No.-244 Year-2021 Thana- BARARI District- Katihar ====================================================== Suman Kuwar S/o Fago Kuwar @ Kalu Kuwar R/o Village- Bakharpur (Pirpaiti), P.S.- Pirpaiti, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar, Adv For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barari (Semapur) P.S. Case No. 244 of 2021 dated 13.10.2021 registered for the offences punishable u/s 307, 120B read with Section 34 of the I.P.C., and Section 27 of the Arms Act.

3. As per the prosecution case, the informant received an information about firing between the two gangs Mohan Thakur and Vijay Yadav. For verification of the said information, the informant along with police personnel reached the place of occurrence and recovered empty cartridges from the road. On being asked, the villagers disclosed the name of the accused persons. Accordingly, the F.I.R, has been lodged.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.68369 of 2024(3) dt.17-12-2024 2/2 this case. The petitioner has no concern with any gang as alleged in the F.I.R. The recovery has been made from an open place with which the petitioner has no concern. The petitioner neither participate in the alleged occurrence nor he has made any firing as alleged in the F.I.R. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 03.03.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Barari (Semapur) P.S. Case No. 244 of 2021.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T