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Patna High CourtCR. MISC./82755/2023allowed

Sonu Singh @ Motka v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82755 of 2023 Arising Out of PS. Case No.-262 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== 1.

Sonu Singh @ Motka Son Of Dilip Singh R/O Village- Sabaura, P.S.- Refinery Barauni, District- Begusarai 2.

Abhishek Kumar Son Of Tuntun Sharma R/O Village- Ratanpur Bishnupur, Ward No.17, P.S.- Muffasil, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

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

3. As per FIR, the informant alleged that while he was going to take snacks and tea near Dakbangla Chowk, in the meantime two unknown persons riding over the motorcycle came and fired upon the informant due to which he sustained injuries.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have

Patna High Court CR. MISC. No.82755 of 2023(2) dt.20-12-2023 2/2 committed no offence. They have falsely been implicated in this present case merely on the basis of confessional statement of co-accused. The petitioners are not named in the FIR and there is no specific allegation of firing levelled against them. It is further submitted that similarly situated co-accused has already been granted bail by this Court vide oder dated 05.12.2023 passed in Cr. Misc. No. 77775 of 2023. Moreover, they are languishing in judicial custody since 03.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Teghra P.S. Case No. 262 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 Chief Judicial Magistrate, Begusarai. (Sunil Kumar Panwar, J) lata/- U