Atul Raj @ Atul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.331 of 2024 Arising Out of PS. Case No.-282 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== Atul Raj @ Atul Kumar Son Of Manoj Kumar Resident Of Village - Naubatpur Parsa, P.S. - Naubatpur, District - Patna, Bihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Binod Prasad Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 120(B) and 34 of the IPC and Section 27 of Arms Act. As per allegation in the F.I.R., brother of the informant forbade the informant to going out as three miscreants ambushed in a nearby parked tempo, who suddenly fired upon him but the informant narrowly escaped and did not hit anyone. It is further alleged that after chase, co-accused person was apprehended and he confessed name of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.331 of 2024(2) dt.12-01-2024 2/2 confessional statement of co-accused. The petitioner was not apprehended on the spot and there is no specific allegation levelled against him. Similarly situated co-accused has already been granted bail by this Court vide order dated 28.08.2023 passed in Cr. Misc. No. 51047 of 2023. The petitioner was remanded in this case from another case on 02.09.2022, since then he is languishing in judicial custody.

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

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 Chowk(Patna City) P.S. Case No. 282 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Patna City. (Sunil Kumar Panwar, J) Amandeep/- U T