Patna High CourtCR. MISC./4340/2020bail granted

Roshan Kumar v. The State Of Bihar

2020-03-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 4340 of 2020 Arising Out of PS. Case No.-46 Year-2019 Thana- MORKAHI District- Khagaria ====================================================== Roshan Kumar S/o Late Biko Paswan R/o village- Sabalpur, P.S.- Morkahi, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Morkahi P.S. Case No. 46 of 2019 registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence. As per F.I.R., petitioner is only a member of unlawful assembly. It is further submitted that date of occurrence is alleged to be 24-04-2019, but after laps of 14 days F.I.R. has been lodged on 08-05-2019 and no explanation has been given for the same. The co-accused namely Sandeep Singh has already been granted by this Court, vide order dated 12-12-2019 passed in Cr.Misc. No. 82163 of 2019 (Annexure - 2). Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.4340 of 2020(2) dt.03-03-2020 2/2 Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned S.D.J.M., Khagaria in connection with Morkahi P.S. Case No. 46 of 2019, subject to condition, as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay U T