Keshav Kumar @ Naga v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66700 of 2023 Arising Out of PS. Case No.-239 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Chunchun Singh @ Satyajeet Kumar Son of Parmanand Singh Resident of Village Bihat, Khem Karanpur Tola, P.s. Barauni, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 78914 of 2023 Arising Out of PS. Case No.-239 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Keshav Kumar @ Naga Son Of Ram Vinay Singh @ Vinay Singh Resident Of Village Bihat Tola Khemkaranpur Ps Barauni, Distt - Begusarai. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 66700 of 2023) For the Petitioner/s :
Mr.Hare Krishna Prasad For the Opposite Party/s :
Mr.Zainul Abedin (In CRIMINAL MISCELLANEOUS No. 78914 of 2023) For the Petitioner/s :
Mr.Hare Krishna Prasad For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 307, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the informant alleged that
Patna High Court CR. MISC. No.66700 of 2023(3) dt.29-01-2024 2/3 while he was going to his sister's house, meanwhile, two miscreants on a motorcycle fired upon him, as a result of which he sustained injury and fell down. Thereafter, with the help of other persons, he was taken to hospital.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners are not named in the FIR and the same has been lodged against unknown persons. The name of the petitioners have come into light, on the basis of confessional statement of co-accused Yuvraj Singh, which has got no evidentiary value in the eyes of law. There is no specific overt act against the petitioners. Nothing incriminating articles have been recovered from the conscious possession of these petitioners. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 10.08.2023 passed in Cr. Misc. No. 44062 of 2023. They are languishing in judicial custody since 27.03.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as
Patna High Court CR. MISC. No.66700 of 2023(3) dt.29-01-2024 3/3 period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Bachhwara P.S. Case No. 239 of 2022.
(Sunil Kumar Panwar, J) Arish/- U