Surya Kumar @ Sarpan Kumar @ Sapna @ Sapan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15807 of 2021 Arising Out of PS. Case No.-167 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== Surya Kumar @ Sarpan Kumar @ Sapna @ Sapan Kumar Son of Fateh Singh Resident of Village - Pothmapur Birhana, P.S.- Barh, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-08-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act to which sections 25(1-B)(a) and 26(1) of the Arms Act was added subsequently.
As per allegations in the F.I.R., accused Ranjit Singh, Dilkhush Kumar Singh and son of Dhillan Singh came variously armed. It is stated that Ranjit Singh and two others fired indiscriminately from their pistol on the father of the informant. They escaped. On the informant and others following them, it is stated that the six other named accused who were also armed, warned them that they should not follow. The cause of occurrence is stated to be the Sessions Trial going on against the
Patna High Court CR. MISC. No.15807 of 2021(2) dt.12-08-2021 2/2 accused persons for the murder of the brother of the informant. It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R.. His name transpired in the confessional statement of coaccused Rahul. He has been falsely implicated in this case. He is in custody since 20.8.2020 and investigation in the case has concluded. Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for more than 11 months and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Lakhisarai P.S. Case No. 167 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai. (Partha Sarthy, J) Bibhash U T