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Patna High CourtCR. MISC./3665/2019bail granted

Bittu Kumar @ Bittu Kumar Sharma v. The State Of Bihar

2019-01-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3665 of 2019 Arising Out of PS. Case No.-326 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== Bittu Kumar @ Bittu Kumar Sharma son of Late Raju Sharma R/o Mohalla Chandpur Bela, P.S. Jakkanpur, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramanath Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Phulwari Sharif P.S. case no. 326 of 2018 instituted for the offence under Sections 341 323, 307/34 of the IPC and Section 27 of the Arms Act and Charge sheet has been submitted U/s 302,34 of the IPC and Section 27 of Arms Act.

In the written report, it is alleged that informant got information that his son has sustained firearm injury by unknown persons and his treatment is going in Paras hospital. The son of informant subsequently died.

Learned counsel for petitioner submits that name of this petitioner has come during investigation merely on suspicion and the police after arresting him recorded his

Patna High Court Cr.Misc. No.3665 of 2019(2) dt.30-01-2019 2/2 confessional statement. The learned Sessions Judge has mentioned in the impugned order that there is material against the petitioner at para-8, 32 and 45 of the case diary. It is further mentioned in the impugned order that police has recorded confessional statement of this petitioner in para 32 and at para 45 of the case diary charge sheet has been submitted against the petitioner.

Petitioner is in custody since 4.6.2018.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM XV Patna, in connection with Phulwari Sharif P.S. case no. 326 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/mu keshU T