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Patna High CourtCR. MISC./191/2024allowed

Yuvraj Kumar Singh @ Sonu Kumar@Yuvraj Kumar v. The State Of Bihar

2024-01-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.191 of 2024 Arising Out of PS. Case No.-239 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Yuvraj Kumar Singh @ Sonu Kumar@Yuvraj Kumar S/O Rajeev Kumar Singh R/O Zemra, P.S- Barauni, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeet Kumar For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 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, 120(B)/34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, the informant alleged that while he going to his sister's house, meanwhile, two unidentified miscreants on a motorcycle fired upon him which hit in his back side and he fell down. Thereafter, with the help of other person, he was taken to hospital.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The prosecution case lodged against unknown miscreants and the petitioner has falsely been implicated in this case. Name of the petitioner's surfaced in this case on the basis of confessional state-

Patna High Court CR. MISC. No.191 of 2024(2) dt.12-01-2024 2/2 ment of accused, Shivam and Rishu, which has no evidentiary value in the eye of law. Neither the petitioner was put on TI Parade nor any incriminating article has been recovered from his possession. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 10.08.2023 passed in Cr. Misc. No. 44062 of 2023. Moreover, he is languishing in judicial custody since 27.3.2023.

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 Bachhwara P.S. Case No. 239 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 Judicial Magistrate 1st Class, Begusarai. (Sunil Kumar Panwar, J) sushma/- U