Patna High CourtCR. MISC./70539/2023allowed

Aman Kumar v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70539 of 2023 Arising Out of PS. Case No.-266 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== AMAN KUMAR SON OF GANESH SAH @ SUNIL KUMAR SAH @ SUNIL SAH R/O VILLAGE - CHATTI ROAD, MIYAN CHAK, P.S.- TOWN (RATANPUR O.P.), DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 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 147, 379, 307, 506 of the Indian Penal Code and Section 27 of Arms Act.

3. According to the FIR, the petitioner is said to have opened fire upon the son of the informant with intention to kill him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Allegation against the petitioner is of firing but the same does not hit anyone. No one sustained any injury in the alleged occurrence. It is further

Patna High Court CR. MISC. No.70539 of 2023(2) dt.06-11-2023 2/2 submitted that the petitioner is languishing in judicial custody since 25.6.2023. Moreover, similarly situated co-accused namely, Kishan Kumar has already been granted bail by a coordinate Bench of this Court vide order dt. 7.8.2023 passed in Cr. Misc. No. 38954 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 period 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 Town P.S. Case No. 266 of 2-23 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, Begusarai. (Sunil Kumar Panwar, J) Amandeep/- U T