Chandra Shekhar Kumar @ Chandra Shekhar Prasad @ Shekhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69286 of 2023 Arising Out of PS. Case No.-241 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== CHANDRA SHEKHAR KUMAR @ CHANDRA SHEKHAR PRASAD @ SHEKHAR S/o Sri Kishori Paswan R/v-Darveshi, P.S.-Daniyawan, Distt.- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Sinha For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 290, 427, 337, 338 of the Indian Penal Code and Section 27 of Arms Act.
3. As per prosecution case, it is alleged that some unknown miscreants are making firing to create terror and break the glass of bus and safari jeep of owner of Krishna Rath. The miscreants fled away by Scorpio bearing Reg. No. BR01PM-8566.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.69286 of 2023(2) dt.02-11-2023 2/3 the petitioner is innocent and has committed no offence. The prosecution case lodged against unknown and the petitioner has falsely been implicated in this case on the basis of confessional statement of other co-accused. The petitioner has no concern with the alleged occurrence and nothing incriminating article has been recovered from his conscious possession. It is further submitted that no one is alleged to have sustained injuries in the said occurrence. Similarly situated co-accused has already been granted bail by this Court vide order dated 12.09.2023 passed in Cr. Misc. No. 60272 of 2023. Moreover, the petitioner is languishing in judicial custody since 25.03.2023.
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 Agamkuan P.S. Case No. 241 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the
Patna High Court CR. MISC. No.69286 of 2023(2) dt.02-11-2023 3/3 like amount each to the satisfaction of learned Addl. District and Sessions Judge-IV at Patna City.
(Sunil Kumar Panwar, J) sushma/- U