Patna High CourtCR. MISC./73204/2022allowed

Gulzar @ Gulzarba v. The State Of Bihar

2023-04-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73204 of 2022 Arising Out of PS. Case No.-156 Year-2015 Thana- RUPAULI District- Purnia ====================================================== Gulzar @ Gulzarba Son Of Md. Badal @ Baddruddin R/V- Kamlakund P.S.- Bhawanipur, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 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 section 395 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution case relates to robbery from the house of the informant, when son of the informant denied to give money then accused miscreants fired upon his son due to which he sustained abdomen injury after that this case has been lodged.

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 village politics.

Patna High Court CR. MISC. No.73204 of 2022(3) dt.20-04-2023 2/2 There is no specific allegation of shot fire against the petitioner rather it is a general and omnibus allegation against him. Neither petitioner was arrested on the spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 27.08.2022.

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 Rupali P.S. Case No. 156 of 2015 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, Purnea. (Sunil Kumar Panwar, J) Manish/- U T