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Patna High CourtCR. MISC./82363/2023allowed

Aman Kumar @ Aman Kumar Yadav @ Langra v. The State Of Bihar

2024-01-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82363 of 2023 Arising Out of PS. Case No.-306 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== Aman Kumar @ Aman Kumar Yadav @ Langra S/O Suresh Yadav Resident of Bishari Asthan, Sirhi Ghat, P.S. Sultanganj, Dist. Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sultanganj P.S. Case No. 306 of 2023 for the offences registered under Sections 326, 307, 120(B)/34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per the prosecution case, allegation against the petitioner is that he stopped the motorcycle of the informant and made a signal to the unknown person who fired upon the informant's father.

4. Learned counsel for the petitioner submits that petitioner is a disabled person and his disability is about 75% and he cannot move without any support. Police has taken his confessional statement which is not admissible in the eye of law

Patna High Court CR. MISC. No.82363 of 2023(2) dt.11-01-2024 2/2 and on the basis of recovery of country made pistol and live cartridges, police has instituted a separate case bearing Sultanganj P.S. Case No. 307 of 2023, in which he is on bail. He is in custody since 11.06.2023. Charge-sheet has already been submitted in this case. There is no chance of tampering of the evidence.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Sultanganj P.S. Case No. 306 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T