Patna High CourtCR. MISC./78089/2023allowed

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

2024-02-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78089 of 2023 Arising Out of PS. Case No.-440 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== YUVRAJ KUMAR @ YUVRAJ SINGH @ SONU KUMAR Son of Rajeev Kumar Singh R/o vill - Zemra, P.S. - Barauni, Distt. - Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1385 of 2024 Arising Out of PS. Case No.-440 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Satyajeet Kumar @ Chunchun Singh @ Ram Chandra Singh S/o- Parmanand Singh R/o Vill- Bihat, Khem Karanpur Tola, P.S- Barauni, Dist- Begusarai ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 78089 of 2023) For the Petitioner/s :

Mr.Sanjeet Kumar For the Opposite Party/s :

Mr.Umanath Mishra (In CRIMINAL MISCELLANEOUS No. 1385 of 2024) For the Petitioner/s :

Mr.Hare Krishna Prasad For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 307, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is alleged by the informant that while he was

Patna High Court CR. MISC. No.78089 of 2023(3) dt.06-02-2024 2/3 returning from his matrimonial house, two unknown persons boarded on a motorcycle overtook him and started firing indiscriminately as a result of which, the informant sustained gunshot injuries.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to old dispute. They have committed no offence. Petitioners are not named in the FIR and their name subsequently surfaced in the present case on their self confession made in connection with Barauni (Chakiya) P.S. Case No. 438 of 2022, which has no evidentiary value in the eye of law. The petitioners are not apprehended on spot. No incriminating article has been recovered from the conscious possession of these petitioners. There is no eye-witness to the alleged occurrence and no T.I. Parade has been done. He further submitted that the other coaccused has already been granted bail by this Bench vide order dated 03.01.2024 passed in Cr. Misc. No. 66291 of 2023 and its analogous case. They are languishing in judicial custody since 05.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.78089 of 2023(3) dt.06-02-2024 3/3 considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Barauni P.S. Case No. 440 of 2022.

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