Surya Prakash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75952 of 2023 Arising Out of PS. Case No.-138 Year-2021 Thana- PANDARAK District- Patna ====================================================== Surya Prakash Son Of Bablu Kumar @ Padri Singh Resident Of Village - Pandarak Surajpur Tola, P.S. - Pandarak, District - Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 149, 307, 336,188 of the Indian Penal Code and Section25(a) of Arms Act.
3. As per prosecution case, a footage of video is gone viral in which, the petitioner along with other co-accused persons are said to have made air firing after making slogan.
4. 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 political rivalry. It is further submitted that no one is said to have sustained injuries in the alleged occurrence. There is delay of four days in lodging the FIR. Nothing has been recovered from the conscious
Patna High Court CR. MISC. No.75952 of 2023(2) dt.30-11-2023 2/2 possession of the petitioner. Similarly situated other co-accused person has already been granted bail by this Court vide Annexure-P/2 of this petition. Moreover, he is languishing in judicial custody since 16.04.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pandarak P.S. Case No. 138 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned First Additional Chief Judicial Magistrate, Barh, Patna. (Sunil Kumar Panwar, J) Shubham/- U T