Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4818 of 2024 Arising Out of PS. Case No.-411 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Raj Kumar Son of Ratan Singh @ Ram Ratan Rai Resident of village - Matihani, Ward No.- 04, P.S.- Matihani, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-02-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Begusarai Town P.S. Case no. 411 of 2021 registered under sections 302, 307, 341, 504, 506, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, Vivek Kumar, Jayant Kumar, Aniket @ Bittu and 4-5 unknown accused persons are said to have resorted to indiscriminate firing. While Aniket @ Bittu is said to have fired upon the informant, Vivek Kumar is said to have fired upon Ankit Kumar, and Jayant Kumar is said to have fired upon Raja kumar. The injured were taken to the hospital where Ankit Kumar died as a result of the injuries.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.4818 of 2024(2) dt.07-02-2024 2/3 petitioner is not named in the F.I.R while the specific allegations of firing is on the three named accused persons. Referring to the order of the learned trial Court it is submitted that the name of the petitioner transpired in the confessional statement of coaccused Vivek Kumar. Other co-accused whose name also transpired in the confessional statement of Vivek Kumar have been enlarged on bail vide different orders which are Annexure2 series to this petition. The petitioner is in custody since 22.9.2023 and charge-sheet has been submitted in the case. 5 The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R wherein the petitioner is not named, there is specific allegation of firing upon Vivek kumar, Jayant Kumar and Aniket Kumar @ Bittu and not the petitioner herein, grant of bail to similarly situated co-accused vide different orders brought on record as Annexure2 series, the petitioner being in custody since 22.9.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Begusarai Town P.S. Case no. 411 of 2021, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.4818 of 2024(2) dt.07-02-2024 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai.
(Partha Sarthy, J) Harsh/- U T