Patna High Court - Orders
Nikku Kumar vs The State Of Bihar on 19 June, 2023
Author: Sunil Kumar Panwar
Bench: Sunil Kumar Panwar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.436 of 2023
Arising Out of PS. Case No.-129 Year-2022 Thana- MURLIGANJ District- Madhepura
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NIKKU KUMAR Son of Naresh Yadav @ Arjun Yadav Resident of Village-
Pathraha, Ward No.-4, P.S.- Madhepura, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sachindra Kumar Tiwary
For the Opposite Party/s : Mr. Mohammad Sufyan
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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3 19-06-2023Heard 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 341, 307, 394 of the Indian Penal Code and Section 27 of Arms Act.
As per prosecution case, while the informant was going with his friend on motorcycle, meanwhile, three unknown persons intercepted them and tried to snatched his motorcycle as well as mobile phones. When the informant protested, one of the accused persons fired upon him due to which he sustained injury. During course of this incident one Mukesh Kumar has also sustained injury.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been Patna High Court CR. MISC. No.436 of 2023(3) dt.19-06-2023 2/2 implicated in this case only on the basis his self confessional statement before the police and thereafter he has been remanded in this case from Shankarpur P.S. Case No. 42 of 2022. Except confessional statement of the petitioner, no any consistent material has come against the him during course of investigation. Nothing incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner has not been put on TI Parade till date and he is languishing in judicial custody since 26.4.2022.
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 Murliganj P.S. Case No. 129 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 A.C.J.M.-I, Madhepura.
(Sunil Kumar Panwar, J) Amandeep/-
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