Patna High CourtCR. MISC./75342/2024bail granted

Banda @ Sachin Raj @ Sachin Kumar @ Vishal Kumar v. The State Of Bihar

2024-10-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75342 of 2024 Arising Out of PS. Case No.-391 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Banda @ Sachin Raj @ Sachin Kumar @ Vishal Kumar S/O Sanjay Kumar R/o Village- Kumhar Toli Manpur P.S.- Mufassil, Dist.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case No. 391 of 2024 dated 09.05.2024 registered for the offences punishable u/ss 302, 307 read with section 34 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, the informant received the information that firing was going on in the locality and when the father of the informant came out from the mosque then he received bullet injury in his stomach and succumbed to the injuries during the course of the treatment.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.75342 of 2024(2) dt.18-10-2024 2/2 case. The petitioner is not named in the FIR. The name of the petitioner has sprung up on mere suspicion. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted bail by this court vide order dated 23.09.2024 passed in Cr. Misc. No. 62727 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Muffasil P.S. Case No. 391 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T