Bipul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75156 of 2023 Arising Out of PS. Case No.-892 Year-2023 Thana- NAWADA District- Nawada ====================================================== Bipul Kumar S/O Dinesh Prasad Yadav R/O Village- Ohari, Tola Bandhu Bigha, P.S.- Nawada (O.P. Kadirganj), District- Nawada. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 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 302/34 of the Indian Penal Code and Section 27 of Arms Act.

Allegation against the petitioner and other coaccused persons is that they assaulted the informant's son. Specific allegation against co-accused Nitish Kumar is of firing upon informant' son due to which he succumbed to fire arm injuries.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.75156 of 2023(3) dt.11-12-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no specific allegation against the petitioner rather the specific allegation of firing at informant's son is against co-accused Nitish Kumar. The name of petitioner sprang up in this case due to relation with co-accused Nitish Kumar and he is present at the time of occurrence. It is further submitted that charge sheet has been submitted in this case. Moreover, the petitioner is languishing in judicial custody since 15.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 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

Patna High Court CR. MISC. No.75156 of 2023(3) dt.11-12-2023 3/3 bail in connection with Nawada Nagar P.S. Case No. 892 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge III, Nawada.

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