Suraj Kumar Singh @ Aakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79307 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- NARAINPUR District- Bhojpur ====================================================== SURAJ KUMAR SINGH @ AAKASH KUMAR Son of Nirmal Singh R/o Village - Latiyarganj, P.S.- Agiawan, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2024 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 307, 326, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, the informant alleged that when he was returning his home, in the meantime, three unknown miscreants boarded on a motorcycle came and started firing due to which he sustained three gunshot injuries on his left

Patna High Court CR. MISC. No.79307 of 2023(3) dt.18-01-2024 2/3 hand knee, one on his temple and one in backside.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner has falsely been implicated in this present case merely on the basis of his confessional statement which is not admissible in the eye of law. The petitoner is not named in the FIR, and there is no specific allegation of firing levelled against the petitioner. The Injury Report has not been prepared by Government hospital. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 29.06.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Narayanpur P.S. Case No. 37 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.79307 of 2023(3) dt.18-01-2024 3/3 satisfaction of learned Additional Chief Judicial MagistrateVI, Bhojpur at Ara. (Sunil Kumar Panwar, J) manishkumar/- U