Bablu Kumar @ Harendra Kumar @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4189 of 2023 Arising Out of PS. Case No.-294 Year-2022 Thana- PATRAKARNAGAR District- Patna ====================================================== 1.

Bablu Kumar @ Harendra Kumar @ Ravi Kumar Son Of Kauleshwar Prasad Sharma @ Kaleshwar Singh Resident Of Village- Neema, P.S.- Dhanarua, P.O.- Nandwan, District- Patna 2.

Ajay Kumar Son Of Nawal Singh Resident Of Village- Neema, P.S.- Dhanarua, P.O.- Nandwan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritika Rani For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302, 34, 120B of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR, the allegation against the co-accused persons is that they fired upon uncle of the informant due to which his uncle died on the spot and one Shambhu Kumar also got injured due to firing and during treatment he also died. It is further alleged that petitioners are also involved

Patna High Court CR. MISC. No.4189 of 2023(3) dt.19-06-2023 2/3 in this alleged occurrence due to which this case has been lodged.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on the basis of suspicion. There is no specific allegation of shot firing attributed against the petitioners rather specific allegation of shot firing is against co-accused persons. The petitioners have no concern with the alleged occurrence and nothing incriminating article has been recovered from their conscious possession. They have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 02.06.2022. 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 petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Patrakar Nagar P.S. Case No. 294 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.4189 of 2023(3) dt.19-06-2023 3/3 Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XI, Patna.

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