Patna High CourtCR. MISC./81642/2023allowed

Monu Kumar v. The State Of Bihar

2023-12-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81642 of 2023 Arising Out of PS. Case No.-677 Year-2023 Thana- MANER District- Patna ====================================================== MONU KUMAR S/O DINESH SINGH @ DINESH KUMAR R/O HULASI TOLA, P.S- MANER, DISTT.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 307/34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, some unknown miscreants fired upon the informant with an intention to kill but fortunately no body got injured due to fire.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. On the basis of suspicion, petitioner has been implicated in the present case. From the perusal of the FIR, it

Patna High Court CR. MISC. No.81642 of 2023(2) dt.18-12-2023 2/2 appears that no one sustained injuries in the alleged firing. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.09.2023.

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 J.M.F.C., Danapur (Patna) in connection with Maner P.S. Case No. 677 of 2023. (Sunil Kumar Panwar, J) Arish/- U T