Raushan Kumar @ Hitlar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73934 of 2022 Arising Out of PS. Case No.-70 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== Raushan Kumar @ Hitlar S/O Shekhar Yadav @ Shashi Shekhar Kumar R/VJogwani, P.S.- Gamharia, District- Mahdepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha, Adv.

For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr. Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 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 341, 323, 347, 307, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case in nutshell is that while the informant was working as a labourer meanwhile four persons, including the petitioner, on two motorcycles came and a scuffle took between them and informant in order to cross the said construction site. It is further

Patna High Court CR. MISC. No.73934 of 2022(2) dt.21-03-2023 2/3 alleged that petitioner along with other other co-accused persons came on motorcycle and started firing, due to which informant sustained gun shot injury over his right leg.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. From perusal of the impugned order it appears that informant sustained gun shot injury over his right leg but there is no specific overt act of allegation against the petitioner rather there is general and omnibus allegation levelled against him. Moreover, the petitioner is languishing in judicial custody since 30.03.2022.

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.

Patna High Court CR. MISC. No.73934 of 2022(2) dt.21-03-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Singheshwar P.S. Case No. 70 of 2021 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 Sessions Judge 1-cum-Special Judge SC/ST, Madhepura.

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