Ankit Kumar @ Happy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7494 of 2019 Arising Out of PS. Case No.-7 Year-2017 Thana- RUPASPUR District- Patna ====================================================== ANKIT KUMAR @ HAPPY, son of Kavindra Nath Rai @ Ravindra Rai, Resident of Village- Tajpur, P.S.-Jamuniya, District -Gajipur (U.P.) at present Resident of Mohalla-Ramjaipal Nagar, Gola Road, P.S.- Rupaspur, DistrictPatna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the Opposite Party/s :
Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 08-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Rupaspur P.S. Case No.07 of 2017 instituted for the offence under Section(s) 279, 304-A, 302 Indian Penal Code and Section 27 of the Arms Act. Counsel for the petitioner submits that petitioner is not named in the First Information Report. Case has been registered, initially, for the offence under Section 304-A Indian Penal Code.
In the written report, the Informant has alleged that he got information that his brother is lying in Paras Hospital. He went to Paras Hospital and found dead body of his brother on stretcher. It is further alleged that his brother died due to injury
Patna High Court Cr.Misc. No.7494 of 2019(2) dt.08-02-2019 2/2 sustained by him in the mouth on account of accident. Counsel for the petitioner submits that subsequently Section 302 Indian Penal Code has been added on the basis of confessional statement of this petitioner, which also finds mention in the impugned order of the learned Sessions Judge. Petitioner is in custody since 15.05.2018.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, II, Danapur, Patna, in connection with Rupaspur P.S. Case No.07 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T