Dhirendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70117 of 2023 Arising Out of PS. Case No.-165 Year-2023 Thana- BIHTA District- Patna ====================================================== Dhirendra Kumar S/O Suresh Prasad Singh R/O Village- Jalpura, P.SPaliganj, Distt.- Patna. At Present Jinpura Road, Purvee Deeh, P.S- Bihta, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sharma For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== 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 filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per allegation in the FIR, co-accused Manish Kumar and Sarvesh Kumar are alleged to have shot at the father of informant, while he was returning home, due to which he succumbed to fire arm injuries.

Patna High Court CR. MISC. No.70117 of 2023(2) dt.03-11-2023 2/3

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. Petitioner is not named in F.I.R. rather he has been implicated in the present case on the basis of his confessional statement in Bihta P.S. Case No. 185 of 2023. Moreover, the petitioner is languishing in judicial custody since 08.08.2023. Similarly situated several co-accused persons have been granted bail by co-ordinate Bench of this Court.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration 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 Bihta P.S. Case No. 165 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.70117 of 2023(2) dt.03-11-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Danapur, Patna.

(Sunil Kumar Panwar, J) Nirajkrs/- U T