Patna High CourtCR. MISC./16161/2016bail granted

Binay Kumar v. The State Of Bihar

2016-05-06Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16161 of 2016 Arising Out of PS.Case No. -790 Year- 2015 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Binay Kumar S/o Bechhan Singh, resident of Mohalla- Khairvi, P.S.- Bathnaha, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-302/34 of the Indian Penal Code and 27 of the Arms Act.

Petitioner is not named but in course of investigation, name of the petitioner came in this case in confessional statement of co-accused and after that, two witnesses at paragraphs-240 & 241 of the case diary stated that prior to the alleged occurrence, the petitioner and some others had given threatening to the deceased.

The learned court below has committed error in impugned order mentioning that at paragraph-241 of the case diary, the

Patna High Court Cr.Misc. No.16161 of 2016 (3) dt.06-05-2016 2/2 petitioner has been shown as assailant. Moreover, The petitioner does not have any criminal antecedent and is languishing in jail custody since 02-02-2016 and having more or less similar allegation, co-accused, Deepak Kumar and some others have already been granted privilege of bail.

Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sitamarhi P.S. Case No. 790 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi. (Hemant Kumar Srivastava, J) A.K.V./- U T