Bimlesh Singh @ Bimlesh Kumar @ Botal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74414 of 2022 Arising Out of PS. Case No.-340 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== BIMLESH SINGH @ BIMLESH KUMAR @ BOTAL SINGH S/o Late Arun Singh R/o Village- Dhabauli, Ward no. 08, P.S.- Muffasil, (Lakho OP), DisttBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

AS per allegation in he FIR, while the informant along with his driver namely Binay yadav were going by motorcycle in the meantime, miscreants started indiscriminate firing as a result of which both persons have received bullet injury in their thigh. Specific allegation against the petitioner is that he opened fire which hit over both thigh of the informant. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. As per

Patna High Court CR. MISC. No.74414 of 2022(6) dt.01-08-2023 2/2 injury report, informant and his driver both have sustained gunshot injuries over their thigh, which is not a vital organ. There is counter version of the present case in which cousin grandfather of the petitioner has lodged Muffsail PS Case No. 341 of 2022 against the informant and his driver. It is submitted by learned counsel for the petitioner that similarly situated other accused person has already been enlarged on bail in Cr. Misc. No. 73885 of 2022. Petitioner is languishing in judicial custody since 5.7..2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Muffasil PS Case No. 340 of 2022.

(Sunil Kumar Panwar, J) sushma/- U