Ujjawal Kumar @ Naman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75078 of 2022 Arising Out of PS. Case No.-436 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== RANJEET RAM Son of Rameshwar Ram R/V- Raghunathpur, Ward no. 3, P.S- Raghunathpur O.P Dist- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 3328 of 2023 Arising Out of PS. Case No.-436 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== UJJAWAL KUMAR @ NAMAN KUMAR Son of Navin Kumar @ Navin Singh @ Prince Singh Resident of Village- Ambariya, P.S.- Shikarganj, District- East Champaran ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 75078 of 2022) For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Binod Kumar (In CRIMINAL MISCELLANEOUS No. 3328 of 2023) For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Govindganj (Areraj) P.S. Case No. 436 of 2022 registered for the offence under Sections 302, 120(B)/34 of the IPC and Section 27 of Arms Act.

According to FIR, unknown miscreants fired upon

Patna High Court CR. MISC. No.75078 of 2022(3) dt.19-06-2023 2/3 Sanjay Kumar Thakur who was died when he was being taken to hospital.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners are not named in the FIR, rather their names were transpired in this case only on the basis of confessional statement of other co-accused namely, Aayush Kumar, which has got no evidentiary value in the eye of law. There is no eye-witness of the alleged occurrence rather the FIR has been lodged on the basis of suspicion. During course of investigation, no any cogent material has come against the petitioners to show their complicity in the alleged offence. Moreover, similarly situated co-accused namely, Hari Shankar Kumar has already been granted bail by this Court vide order dated 24.5.2023 passed in Cr. Misc. No. 26967 of 2023. It is further submitted that the petitioners are languishing in judicial custody since 30.8.2022.

Learned APP appearing for the state has 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

Patna High Court CR. MISC. No.75078 of 2022(3) dt.19-06-2023 3/3 custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Govindganj (Areraj) P.S. Case No. 436 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari at East Champaran.

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