Rishu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80665 of 2023 Arising Out of PS. Case No.-262 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Rishu Kumar S/O Amit Kumar Singh @ Amit Kumar Ray R/O VillageNarepur Dharampur, P.S.- Bachhwara, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 307, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per allegation in the FIR, while the informant went for taking 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 injury.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. He is not named in the F.I.R. He has been remanded in this case from another case Barauni (Chakiya) P.S.
Patna High Court CR. MISC. No.80665 of 2023(2) dt.14-12-2023 2/2 case No. 438 of 2022. He has no concern with alleged occurrence and he has not put on T.I.P. During course of investigation, save and except suspicion no any consistent evidence has come to show his involvement in the alleged occurrence. Similarly situated coaccused Yuvraj Kumar has already been granted bail by this Bench vide order dated 05.12.2023 passed in Cr. Misc. No. 77775 of 2023. Moreover, the petitioner is languishing in judicial custody since 03.08.2023.
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., Begusarai in connection with Teghra P.S. Case No 262 of 2022.
(Sunil Kumar Panwar, J) lata/- U T