Abhishek Kumar @ Sonu @ Abhishek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69314 of 2022 Arising Out of PS. Case No.-86 Year-2021 Thana- BIHARIGANJ District- Madhepura ====================================================== Abhishek Kumar @ Sonu @ Abhishek Singh Son Of Mukesh Kumar Singh @ Mukesh Kumar Singh Anand R/O Village- Sahpur, P.S.- Gwalpara, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 468, 394, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

According to prosecution case, when the brother of the informant went to his plot at Gwalpara, three unknown persons waylaid him and started looting him on gun point. When he made protest, one of the accused persons fired bullet upon him, which hit on his waist. Thereafter the accused persons fled away.

Patna High Court CR. MISC. No.69314 of 2022(3) dt.22-03-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. He further submitted that during investigation the name of the petitioner has come into light only on the basis of confessional statement of co-accused Aman Singh @ Pupsraj Anand. The petitioner is not named in the FIR. He submitted that on the basis of suspicion the petitioner has implicated in this case and there is no any incriminating article has been recovered from the possession of the petitioner or from his house. Learned counsel for the petitioner further submits that the other co-accused has already been granted bail by a Coordinate Bench vide order dated 13.02.2023 passed in Cr. Misc. No. 32045 of 2022. It is also submitted that petitioner is languishing in judicial custody since 22.07.2021. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bihariganj P.S. Case No. 86 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.69314 of 2022(3) dt.22-03-2023 3/3 two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VIII, Madhepura. (Sunil Kumar Panwar, J) Arish/- U T