Patna High CourtCR. MISC./84923/2023allowed

Shivam Kumar @ Bhola Kumar v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84923 of 2023 Arising Out of PS. Case No.-968 Year-2023 Thana- NAWADA District- Nawada ====================================================== Shivam Kumar @ Bhola Kumar SON OF PANKAJ KUMAR R/O MOHALLA- NEW AREA NAWADA, GONDAPUR, P.S.- NAWADA, DIST.- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 506 of the Indian Penal Code and Sections 25(1-B)a, 27, 35 of Arms Act.

3. As per prosecution case, the petitioner along with other FIR named accused persons reached at the door of the informant and started indiscriminate firing. Anyhow, the informant and his father escaped narrowly.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No one sustained injury as

Patna High Court CR. MISC. No.84923 of 2023(2) dt.09-01-2024 2/2 alleged in the incident. It is further submitted that the petitioner is languishing in judicial custody since 10.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nawada Nagar P.S. Case No. 968 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nawada.

(Sunil Kumar Panwar, J) Amandeep/- U T