Ramnath Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3788 of 2023 Arising Out of PS. Case No.-323 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Ramnath Kumar Son Of Ganour Mahto R/O Village- Chhitrauli, P.S.- Goraul, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashutosh Kumar For the Opposite Party/s :
Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.
Prosecution case in brief is that while informant's grand-daughter was returning home on cycle from coaching, on the way co-accused Rahul Kumar along with unknown persons came and co-accused Rahul Kumar took out pistol from his waist and fired upon the grand-daughter of informant, as a result of which she died on the spot. It is alleged that this petitioner along with others conspired with each other committed murder of informant's grand-daughter.
Patna High Court CR. MISC. No.3788 of 2023(2) dt.03-04-2023 2/2 It is submitted that petitioner is not named in the FIR. Name of petitioner transpired during course of investigation on the basis of confessional statement of co-accused Rahul Kumar. Save and except confessional statement there is no material against this petitioner which show his complicity in the alleged occurrence. Petitioner claims clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 323 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T