Keshav Kumar @Naga v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1979 of 2024 Arising Out of PS. Case No.-265 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Keshav kumar @naga s/o Ram Vinay Singh R/O Village-Bihat, Tola Khemkaranpur, P.S.-Barauni (Fci), District-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate Ms. Divya Bharti, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Teghra P.S. case No. 265 of 2022 instituted for the offences under Sections 307, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution allegation, in short, is that while the informant was returning after asset verification, the accused persons, variously armed, fired at the informant due to which he sustained injury.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The

Patna High Court CR. MISC. No.1979 of 2024(4) dt.10-04-2024 2/3 petitioner is not named in the F.I.R. Petitioner has been implicated by the police at behest of his village enmity. The petitioner has been remanded in the present case on 24.08.2023 and has as many as twelve criminal antecedents. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. Co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 05-03-2024 passed in Cr. Misc. No. 13435 of 2024.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, claim based on parity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Teghra P.S. case No. 265 of 2022 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.1979 of 2024(4) dt.10-04-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T