Patna High CourtCR. MISC./9538/2020bail granted

Shatrughan Kumar @ Kaalia v. The State Of Bihar

2020-06-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9538 of 2020 Arising Out of PS. Case No.-280 Year-2018 Thana- BARGAINIA District- Sitamarhi ====================================================== SHATRUGHAN KUMAR @ KAALIA Son of Umesh Singh Resident of Musachak, Ward No. 5, P.S.- Bairgania, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar, Adv.

For the Opposite Party/s :

Mr.Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-06-2020 Heard both sides through Video Conferencing.

The petitioner seeks bail in Bairgania P.S. Case No.280 of 2018 registered under Sections 448, 307, 504, 506, 384 and 34 of the Indian Penal Code and under Section 27 of the Arms Act The informant alleged that two unknown persons came and demanded money. On refusal, one of them fired from his pistol which hit in the left side of abdomen of his son(Mukesh Kumar). The accused persons fled away firing in the air.

The learned counsel for the petitioner submits that petitioner is not named in the F.I.R. Petitioner is said to have confessed his guilt in Bairgania P.S. Case No.282 of 2018 registered under the different Sections of the Arms Act.

Patna High Court CR. MISC. No.9538 of 2020(3) dt.01-06-2020 2/2 Petitioner was remanded in this case. Save and except the confession of the petitioner, there is no material against the petitioner. Petitioner was not put on T.I.P. Petitioner is in custody since 29.03.2019. Petitioner has already remained in jail for more than 14 months.

Learned A.P.P. however opposed the prayer for bail. It appears that save and except the confession of the petitioner, the investigating officer did not collect any further evidence. The confession of the petitioner is made before the police. Even the petitioner is not put on T.I.P. and he is in jail for last 14 months.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate I/C, Sitamarhi in connection with Bairgania P.S. Case No.280 of 2018.

(Prabhat Kumar Jha, J) Saurabh/- U T