Satbeer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6629 of 2019 Arising Out of PS. Case No.-593 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Satbeer Kumar, aged about 30 years (Male), Son of Neti Yadav, Resident of Village- Bari Kothiya,, P.S.-Muffasil, District-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 05.11.2018 in a case registered for the offences punishable under Sections 147, 148, 149, 341, 307, 448 and 504 of the IPC and Section 27 of the Arms Act.

The prosecution case, as per the fardbeyan of Rani Kumari, recorded by S.I., Arvind Kumar on 11.08.2018 at Kalpana Nursing Home, Begusarai is to the effect that on 10.08.2018 at about 2 P.M., the informant was sitting at her door, in the meantime, nine accused persons including the petitioner came

Patna High Court Cr.Misc. No.6629 of 2019(2) dt.06-02-2019 2/3 variously armed and started abusing and resorting to fire. It is specifically alleged that on the order of co-accused Raso Yadav, co-accused, Randheer Yadav resorted to fire causing injury on the abdomen of the informant.

It is submitted by learned counsel for the petitioner that accusation of resorting to fire is not specifically alleged against the petitioner. It is further submitted that the co-accused, Raj Bahar Yadav has been granted bail by a co-ordinate Bench of this Court, vide order dated 20.10.2018, passed in Cr. Misc. No. 76581 of 2018. Moreover, investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner is named in the FIR.

Considering the fact that specific accusation of resorting to fire has not been alleged against the petitioner, the investigation has already been concluded and co-accused Raj Bahar Yadav has been granted bail by a co-ordinate Bench of this Court, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.6629 of 2019(2) dt.06-02-2019 3/3 sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 593 of 2018.

(Dinesh Kumar Singh, J) Amrendra/- U T