Karan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86422 of 2023 Arising Out of PS. Case No.-1037 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== 1.
Karan Kumar S/O Hare Ram Yadav R/O Village - Bari Kothia, P.S.- Muffasil, District-Khagaria 2.
Kare Kumar S/O Hare Ram Yadav R/O Village - Bari Kothia, P.S.-Muffasil, District-Khagaria ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amar Kumar Singh For the Opposite Party/s :
Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in a case instituted for the offence punishable under Sections 341, 323, 307, 353, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per allegation in the FIR, over a land dispute, there was a fight between two parties for which, case no. 724 of 2023 was registered and the same is under investigation. Both parties keep trying to get possession over it. Altercation took place between them and both started firing incessantly and thereafter on information of
Patna High Court CR. MISC. No.86422 of 2023(2) dt.11-01-2024 2/3 local chaukidar, police officials lodged FIR against the accused persons.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. Real fact is that the police has himself opened one round firing and thereafter, false case has been registered against these petitioners. Entire prosecution story is false, based on fabricated story. No any person has sustained any type of injury, so section 307 IPC does not attract in this case. No incriminating article has been recovered from possession of the petitioners. No specific allegation of firing is against the petitioners. Petitioners have got no criminal antecedent and languishing in judicial custody since 7.10.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
Patna High Court CR. MISC. No.86422 of 2023(2) dt.11-01-2024 3/3 only) each with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 1037 of 2023. (Sunil Kumar Panwar, J) sushma/- U