This court granted regular bail to the petitioner in a case involving alleged murder and attempt to murder, directing him to furnish a bail bond with two sureties to the satisfaction of the JMFC.
Petitioner directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6664 of 2023
Arising Out of PS. Case No.-488 Year-2020 Thana- BIDUPUR District- Vaishali
======================================================
Sourabh Kumar @ Kr. Sourabh S/O Suresh Narayan Singh Resident Of Village- Kathariya, P.S.- Bidupur, District- Vaishali, Bihar,
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shyam Anand For the Opposite Party/s : Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 11-04-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Bidupur P.S. Case No. 488 of 2020 registered under sections 341, 324, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
As per allegation in the FIR, while the informant was coming to his house, four unknown persons started firing upon the informant as a result of which he sustained bullet injuries over his shoulder and stomach.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.6664 of 2023(2) dt.11-04-2023 2/3
falsely been implicated in this case due to political rivalry. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of co-accused Anant Prakash before the police. It is further submitted that nothing incriminating has been recovered from the conscious possession of the petitioner nor he has been put on T.I.P. During investigation, no any witness has stated about the complicity of the petitioner in this alleged offence. No any consistent material came against him. Moreover, he is languishing in judicial custody since 23.08.2022. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 02.03.2023 in Cr. Misc. No. 30531 of 2022.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bidupur P.S. Case No. 488 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the
Patna High Court CR. MISC. No.6664 of 2023(2) dt.11-04-2023 3/3
like amount each to the satisfaction of the learned J.M. 1st Class Hajipur, Vaishali.
(Sunil Kumar Panwar, J)
shubham/- U T
2 issues framed by the court
Whether the petitioner deserves to be granted regular bail in connection with the alleged offence of murder and attempt to murder.
Whether the bailee is suitable to be enlarged on bail.
Sourabh Kumar @ Kr. Sourabh
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
