Raunak Kumar @ Fuchfuchiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68675 of 2023 Arising Out of PS. Case No.-157 Year-2022 Thana- PHULWARIA District- Begusarai ====================================================== Raunak Kumar @ Fuchfuchiya Son Of Rajeshwar Singh Vill-Bihat TolaKhemkaranpur Ps-Barauni Dist-Begusarai ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ritesh Kumar Jha For the Opposite Party/s :
Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 120(B), 307/34 of the Indian Penal Code and 27 of the Arms Act.
3. As per prosecution case, it is alleged that on 13.09.2022 the son of the informant namely Rohit Kumar went to work at godown and during his return on N.H. 28 near Bagraha Dih, some unknown miscreants fired on his back due to which he sustained gun shot injury.
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has been transpired in this case on the basis of
Patna High Court CR. MISC. No.68675 of 2023(3) dt.18-12-2023 2/2 confessional statement of co-accused Yuvraj Singh @Monu which has got no evidentiary value in the eye law. No consistent evidence has come to show the complicity of the petitioner in the presence occurrence. There is no eye witness of the alleged occurrence. It is also submitted that petitioner is languishing in judicial custody since 22.10.2022. Moreover, similarly situated co-accused namely, Rishu Kumar has already been granted bail by this Court vide order dt. 25.8.2023 passed in Cr. Misc. No. 53835 of 2023.
5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
6. 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 in connection with Phulwariya P.S. Case No.157 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of the A.C.J.M.-I, Begusarai. (Sunil Kumar Panwar, J) Amandeep/- U T