Bittu Kumar And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.34541 of 2015 (2) dt.21-08-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34541 of 2015 Arising Out of PS.Case No. -31 Year- 2015 Thana -SHAMBHUGANJ District- BANKA ======================================================
1. Bittu Kumar Son of Sumrit Mandal, Resident of village- Khanpur Mal (Mal Khanpur), P.S.- Bath, District- Bhagalpur
2. Chhotu Kumar Son of Late Puso Mandal, Resident of villageKhirodharpur, P.S.- Dharhara, District-Munger .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 21.08.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.
The informant claimed in his fardbeyan that having heard sound of firing, he came near the place of occurrence and found his father lying in pool of blood and his father disclosed that the petitioners and co-accused Kajal as well as his wife Binita Devi opened fire on him.
It is admitted case of the prosecution that only two rounds of firing was made and post mortem report of the deceased also reveals that two fire arms injuries were found on the person of the deceased.
Moreover, according to so-called dying declaration of the deceased, four persons had opened fire on the deceased. Considering the aforesaid facts and circumstances as well as
Patna High Court Cr.Misc. No.34541 of 2015 (2) dt.21-08-2015 submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Banka in Shambhuganj P.S. Case no. 31/2015. shahid (Hemant Kumar Srivastava,J) U T