Pintu @ Raiji @ Kishore Kunal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15699 of 2021 Arising Out of PS. Case No.-383 Year-2019 Thana- GAURICHAK District- Patna ====================================================== Pintu @ Raiji @ Kishore Kunal S/O Ramashish Rai R/o village- Gaurichak, P.S.- Gaurichak, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Adv.
Mr. Anuj Kumar, Adv.
For the Opposite Party/s :
Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred the instant application for grant of regular bail in a case registered under sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act.
As per allegations in the F.I.R., the eight named accused persons came variously armed and started to indiscriminate firing leading to the death of the informant's father.
It is submitted by learned senior counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. The
Patna High Court CR. MISC. No.15699 of 2021(3) dt.02-09-2021 2/3 postmortem report does not support the allegations made in the F.I.R. His case stands on a similar footing to that of a number of other coaccused who have been enlarged on bail, as stated in paragraph no. 9 of the petition. The petitioner is in custody since 18.10.2019 and has no criminal antecedent.
Heard learned A.P.P. for the State.
A report was called for from the learned trial Court. As per report received contained in letter dated 18.8.2021 of the learned Additional Sessions Judge 1st, Sessions Court, Patna City, the case is pending for framing of charge. It is as a result of the Covid-19 pandemic that the cases are being heard in virtual Court.
Having heard learned counsel for the parties and taking into consideration the submissions made by learned senior counsel for the petitioner, grant of bail to the other coaccused as stated in paragraph no.9 of the petition, the period in custody and the contents of the report received from the learned trial Court, this Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.157 of 2020 (arising out of Gaurichak P.S. Case no.383 of 2019) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.15699 of 2021(3) dt.02-09-2021 3/3 learned 1st Additional Sessions Judge, Patna City, Patna. (Partha Sarthy, J) Bibhash/- U