Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69685 of 2023 Arising Out of PS. Case No.-578 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== AMIT KUMAR SON OF SHIV NARESH PRASAD RESIDENT OF SANTAR MOHALLA NAYA TOLA LAKHISARAI WARD NO 12, PSLAKHISARAI, DISTRICT- LAKHISARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 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 307/34 of the Indian Penal Code and Section 27 of Arms Act.
3. As per prosecution case, two unknown persons are alleged to have opened fire upon the informant which hit at the right side of his back as a result of which, the informant sustained injury.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in this case during course of investigation. Except suspicion,
Patna High Court CR. MISC. No.69685 of 2023(2) dt.03-11-2023 2/2 nothing has come against the petitioner.
It is further submitted that the petitioner is languishing in judicial custody since 26.6.2023. Moreover, similarly situated co-accused namely, Rahu Kumar @Jhandu has already been granted bail by a co-ordinate Bench of this Court vide order dt. 24.5.2023 passed in Cr. Misc. No. 12413 of 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 Lakhisarai P.S. Case No. 578 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai. (Sunil Kumar Panwar, J) Amandeep/- U T