Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82594 of 2024 Arising Out of PS. Case No.-149 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Alok Kumar S/O Sanjay Kumar Singh @ Sanjay Sinh @ Sanjay Singh R/O Village- Bhathahi, P.S- Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 394 and 302 of IPC and 27 of Arms Act.

3.

As per prosecution case, some miscreants shot his father dead. The informant reached near the hospital and saw two gun injury on the chest of his father.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever taken place. He has been falsely implicated in this case. No incriminating article has been recovered from the conscious physical possession of the petitioner. He is not named in the FIR. His name transpired on the basis of confessional statement of co-accused persons. Similarly

Patna High Court CR. MISC. No.82594 of 2024(2) dt.24-01-2025 2/2 situated co-accused persons have been granted regular bail vide order dated 23.12.2022 passed in Cr. Misc. No. 49059 of 2022 and Cr. Misc. No. 48010 of 2022 by a co-ordinate Bench of this Court. The petitioner has no criminal antecedent as mentioned in para 3 of the bail application and has been languishing in custody since 05.09.2024.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case and period of custody of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Hajipur Sadar P.S. Case No. 149 of 2022.

7.

Petitioner is directed to cooperate in the trial. If the petitioner fails to appear before the learned Court below on two consecutive dates fixed in the case, the prosecution will be at liberty to file an application for cancellation of bail bond of the petitioner before the learned Court below.

(Anjani Kumar Sharan, J) priyanka/- U T