Sunni Kumar @ Sanni Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43783 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- BEUR District- Patna ====================================================== Sunni Kumar @ Sanni Kumar, son of Late Shyam Babu @ Shyam Babu Ray @ Shyam Babu Yadav, resident of North Mandiri in Chakan Tola, Near Kabir Ashram P.S. Budha Colony, District Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ganesh Prasad Yadav For the Opposite Party/s :
Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 326/307/120(B)/34 of the Indian Penal Code and Sections 25(1-B)A/27/35 of the Arms Act.
Two unknown motorcycle borne criminals are said to have resorted firing upon the informant inflicting injury on his hand.
It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He is neither named in the F.I.R. nor he was apprehended on the spot. There is no eye witness of the occurrence. There is nothing in the record indicating the
Patna High Court Cr.Misc. No.43783 of 2018(4) dt.06-10-2018 2/2 complicity of the petitioner in the occurrence barring the confessional statement of co-accused Amit Kumar and Rahul Kumar which has no evidentiary value in the eye of law. No incriminating article has been recovered from conscious physical possession of the petitioner. Injury sustained by the informant is simple in nature. He has no criminal antecedent. He has been languishing in custody since 19.02.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VIII, Patna in connection with Beur P.S. Case No. 45 of 2018.
(Prakash Chandra Jaiswal, J) mantreshwar/- U T