Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74581 of 2023 Arising Out of PS. Case No.-313 Year-2023 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Saurabh Kumar Son Of Sri Mohan Sahani R/O Mohalla- Maripur, Sahani Tola, Ward No.8, P.S.- Kajimohammadpur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 307, 354, 384, 506, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, the petitioner along with his friend Adarsh Kumar came at the door of informant and in order to kill the informant and for terrorizing resorted to firing. He used to abusive language and gave threatening to kill and left the place.

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

Patna High Court CR. MISC. No.74581 of 2023(2) dt.02-12-2023 2/3 committed no offence. He has been falsely implicated in this case. The petitioner and the informant are neighbor and due to previous dispute the informant has lodged the present false case against the petitioner. No one has received any injury in this case. Petitioner is languishing in judicial custody since 28.07.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Muzaffarpur East in connection with Kajimohammadpur P.S. Case No. 313 of 2023 on following conditions:-

(1) The petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.74581 of 2023(2) dt.02-12-2023 3/3 reasons, his bail bond shall be cancelled by the Court below. (ii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bond will be cancelled by the Court below.

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