Dipak Kumar @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69242 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Dipak Kumar @ Deepak Kumar Son Of Late Dinnanath Prasad Resident Of Village And P.S. - Madhuban, District - East Champaran At Motihari ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 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 section 341, 323, 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, the informant alleged that petitioner and co-accused persons surrounded her husband and started abusing, upon protest the petitioner caught hold her husband and co-accused, namely, Amrendra Kumar @ Guddu Kumar fired on her husband due to which he sustained gunshot injury.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.69242 of 2023(2) dt.01-11-2023 2/2 committed no offence. The has falsely been implicated in this present case due to previous enmity. There is no specific allegation levelled against the petitioner rather the specific allegation of firing is levelled against co-accused. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 29.06.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhuban P.S. Case No. 96 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, East Champaran, Motihari.

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