Patna High CourtCR. MISC./81164/2023allowed

Shayam Kumar @ Shyam Kumar v. The State Of Bihar

2024-01-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81164 of 2023 Arising Out of PS. Case No.-210 Year-2023 Thana- KUTUMBA District- Aurangabad ====================================================== Shayam Kumar @ Shyam Kumar S/O Bal Kishun Mehta R/O VillageGodiyarpur, P.S- Kutumba, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 353, 307/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner is alleged to have injured the police personnel while they were checking the vehicle.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Deepak Kumar @ Deepak Kumar

Patna High Court CR. MISC. No.81164 of 2023(3) dt.22-01-2024 2/2 Singh and he has already been granted bail by a Co-ordinate Bench vide order dated 10.01.2024 passed in Cr. Misc. No. 83878 of 2023. Except suspicion, nothing incriminating articles have been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 14.09.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 C.J.M., Aurangabad in connection with Kutumba P.S. Case No. 210 of 2023.

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