Suresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69576 of 2024 Arising Out of PS. Case No.-418 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Suresh Kumar S/o- Gajendra Thakur Village-Lalbegiya Naya Tola, P.SChiraiya, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Chiraiya P. S. Case No. 418/2023 in a case registered for the offence punishable under Sections 393, 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, when the informant was going to his house with his brother and mother on the motorcycle, some unknown miscreants stopped his motorcycle and demanded money. On refusal, one of them started firing with pistol which hit on the hand of the brother of informant and during course of treatment, he succumbed to the injury. One of the miscreants, who was apprehended, disclosed the name of this petitioner and others, who allegedly succeeded in fleeing from the place of occurrence.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.69576 of 2024(2) dt.19-12-2024 2/2 petitioner has been made accused only on confessional statement of co-accused Ravi Ranjan who has inimical terms with the petitioner. As a matter of fact, petitioner has got nothing to do with the alleged occurrence and he was not present at the place of occurrence. It is further submitted that similarly situated co-accused, namely, Raj Kumar has already been granted anticipatory bail by this Hon'ble Court vide order dated 20.02.2024 passed in Cr. Misc. No. 7940 of 2024. Petitioner is in custody since 27.02.2024 and chargesheet has already been submitted.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Sikrahana at Dhaka, East Champaran in connection with Chiraiya P. S. Case No. 418/2023.

(Prabhat Kumar Singh, J) Navya/- U T