Patna High CourtCR. MISC./86257/2023allowed

Hiro Kumar @ Hero Kumar v. The State Of Bihar

2024-01-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86257 of 2023 Arising Out of PS. Case No.-189 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== Hiro Kumar @ Hero Kumar Son of Sudhir Malakar, R/o Village Ramchandrapur, P.S.- Maheshkhut, Dist.- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Pasraha P.S. Case No.189 of 2023, G.R. No.2298 of 2023 , registered for the offences punishable under Sections 399, 402, 307, 353/34 of the Indian Penal Code and under Sections 25(1b)a, 26, 27 & 35 of the Arms Act.

3. As per the prosecution case, the FIR has been lodged against three named accused persons including the petitioner. The petitioner was caught by the Police and two live cartridges, one Mobile phone and a motorcycle have been recovered from his possession. The co-accused Vikram Kumar also arrested with one desi pistol, one live cartridge and a Mobile phone.

Patna High Court CR. MISC. No.86257 of 2023(2) dt.24-01-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner has clean criminal antecedent and he is in custody since 13.07.2023. Learned counsel submits that similarly situated co-accused namely Vikram Kumar has already been granted bail by the Co-ordinate Bench of this Court vide order dated 18.01.2024 passed in Cr. Misc. No.1005 of 2024.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria in connection with Pasraha P.S. Case No.189 of 2023, G.R. No.2298 of 2023.

(Sunil Dutta Mishra, J) Ritik/- U T