Saurave Kumar @ Bilo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.750 of 2023 Arising Out of PS. Case No.-109 Year-2022 Thana- MATIHANI District- Begusarai ====================================================== SAURAVE KUMAR @ BILO S/o Srikant Kunwar R/v- Maniappa, Ward No. - 06, P.S.- Matihani, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 341, 307, 504/34 of the Indian Penal Code and Section 27 of Arms Act.

As per prosecution case, while the informant's nephew was going to watering the plants under Scheme of MANREGA, in the meantime, the accused persons including the petitioner surrounded him and assaulted him by means of rod. Co-accused Prem Kumar @Nago fired upon the informant's nephew namely, Gulshan Kumar due to which he sustained injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.750 of 2023(2) dt.27-03-2023 2/2 falsely been implicated in this case. It is further submitted that general and omnibus allegation has been leveled against the petitioner whereas, the specific allegation of firing upon informant's nephew is against co-accused Prem Kumar @Nago. There is case and counter case between the parties. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 16.8.2022. 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 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 Matihani P.S. Case No. 109 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Begusrai.

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