Shekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73638 of 2022 Arising Out of PS. Case No.-529 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Shekhar Kumar S/O Late Salendra Mahto @ Shaleshwar Mahato Resident of village- Bhittapar, Ward No 03, P.S. and District- Sheikhpura, At present mohalla Jamalpur Bigha, Near Laxmi Asthan, P.S. and District- Sheikhpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinkar Kumar, Advocate.

For the Opposite Party/s :

Ms. Sharda Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-04-2023 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sheikhpura P. S. Case No. 529 of 2022 dated 05.09.2022 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 307, 506 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.73638 of 2022(2) dt.06-04-2023 2/3 As per the prosecution case, the petitioner and coaccused persons along with eight to ten unknown miscreants started firing on Suraj Kumar which hit one Sunny Kumar and Sunny Kumar sustained gun shot injury below the knee of the left leg.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place. Learned counsel has further submitted that the injured Sunny Kumar sustained gun shot injury below the knee of the left leg which is non-vital part of the body. The name of the petitioner has been dragged in this case on the basis of mere suspicion. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.10.2022. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

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, Sheikhpura in connection with Sheikhpura P. S. Case

Patna High Court CR. MISC. No.73638 of 2022(2) dt.06-04-2023 3/3 No. 529 of 2022.

The application stands allowed.

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