Mintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81703 of 2023 Arising Out of PS. Case No.-206 Year-2023 Thana- JADIA District- Supaul ====================================================== Mintu Kumar Son Of Rajendra Prasad Yadav Resident Of Village- Rajgaon Ward No. 04, Police Station- Jadia, District- Supaul ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Prafull Chandra Thakur For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 393 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution case in nutshell is that unknown miscreants stopped their motorcycle in front of vehicle of the informant and started firing upon the informant, to which he narrowly escaped. In the course of fleeing away, petitioner fell down from the motorcycle who was apprehended by the villagers. He disclosed the name of other two accused persons.

Patna High Court CR. MISC. No.81703 of 2023(3) dt.01-02-2024 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The allegation of firing is not against the petitioner, rather firing is alleged against co-accused Sonu Kumar. The petitioner has no concern with the alleged occurrence. The petitioner is languishing in custody since 01.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused Ashish Kumar has been granted bail vide order dated 34.01.2024, passed in Cr. Misc. No. 1719 of 2024 by this Court.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate II,

Patna High Court CR. MISC. No.81703 of 2023(3) dt.01-02-2024 3/3 Supaul in connection with Jadiya P.S. Case No. 206 of 2023. (Sunil Kumar Panwar, J) Nirajkrs/- U T