Kaushal Kumar @ Ravi Kumar @ Ravi Kumar Kaushal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85363 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Kaushal Kumar @ Ravi Kumar @ Ravi Kumar Kaushal SON OF LATE BACCHU RAI R/O VILLAGE- KARNPURA, P.S.- GANGABRIDGE, DIST.- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of Arms Act.

3. The prosecution case in nutshell is that while the informant along with her husband and son was going by her vehicle, in the meantime, some unknown miscreants started firing which hit upon arm and chest of the husband of the informant due to which he sustained fire arm injuries.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor

Patna High Court CR. MISC. No.85363 of 2023(2) dt.10-01-2024 2/2 anything incriminating has been recovered from his conscious possession. He has not been put on T.I.P. The name of petitioner sprang up in this case on the basis of suspicion. Moreover, the petitioner is languishing in judicial custody since 22.09.2023. Similarly situated co-accused has already been granted Bail by this Court vide order dated 02.11.2023, passed in Cr. Misc. No. 68728 of 2023.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration 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 in connection with Mahua P.S. Case No. 35 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Hajipur, Vaishali.

(Sunil Kumar Panwar, J) manishkumar/- U