Saroj Kumar @ Saroj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70451 of 2023 Arising Out of PS. Case No.-171 Year-2021 Thana- ALOULI District- Khagaria ====================================================== Saroj Kumar @ Saroj Mandal S/O Late Daya Sagar Mandal R/O VillageRampur Alauli (Chharapatti), Ward No.5, Post And P.S- Alouli, Distt.- Khagaria (Bihar), Pin- 848203.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakib Ayaz For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 457, 307, 120B, 34, 506 of the IPC and Section 27 of the Arms Act. As per FIR, the petitioner alleged that while he was getting down from his roof in the meantime he sustained gunshot injury on his right leg, when he looked back, he saw that the petitioner and co-accused, namely, Pankaj Yadav were present holding pistol in their hand.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity.

Patna High Court CR. MISC. No.70451 of 2023(3) dt.23-01-2024 2/2 There is three days delay in lodging the FIR. It is submitted that the informant has also criminal antecedent and he used to keep pistol with him. The injury sustained by the injured is not a vital part. It is further submitted that the petitioner is languishing in judicial custody since 13.04.2023. Learned APP appearing for the state has vehemently opposed the prayer of regular bail.

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 Alouli P.S. Case No. 171 of 2021 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, Khagaria.

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