Gaurav Kumar @ Gaurav Ravidas @ Gaurav Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8887 of 2020 Arising Out of PS. Case No.-259 Year-2019 Thana- SOHSARAI District- Nalanda ====================================================== Gaurav Kumar @ Gaurav Ravidas @ Gaurav Rai, Son of Shiv Ravidas @ Shiv Kumar Ravidas, Resident of Mohalla - Asha Nagar, P.S.- Sohsarai, District- Nalanda at Biharsharif.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner is accused in connection with Sohsarai P.S. Case No. 259 of 2019, registered under Sections 147, 148, 149, 448 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that in the evening of 27.09.2019, Aman Kumar @ Shishupal Kumar, brother of the informant, Manoj Kumar, was present at his grocery shop. At that time, Nitish Kumar, Satish Kumar, Nandan Paswan, Jindal Ravidas and two unknown came at his grocery shop and asked to give 2 K.G. flour. When his brother, Aman Kumar was engaged in giving flour then at that time, Nitish Kumar, fired through pistol causing injury at his belly. While his brother, Aman Kumar tried to flee away but Jindal Ravidas

Patna High Court CR. MISC. No.8887 of 2020(3) dt.02-06-2020 2/2 started to make indiscriminate firing. On hearing the sound of firing, informant and other family reached there then miscreants fled away. Learned counsel for the petitioner submits that petitioner is not named in the FIR but in course of investigation, police recorded the statement of injured Aman Kumar, brother of the informant, as detailed in paragraph 80 of the case dairy, who disclosed the name of petitioner as associate without any specific overt act. In fact, later on, due to dirty village politics informant managed to implicate the petitioner in the present case. It is further submitted that petitioner has no criminal antecedent and is in custody since 24.11.2019.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to 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 Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Sohsarai P.S. Case No. 259 of 2019. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T