Nandan Kumar @ Nandan Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11170 of 2017 Arising Out of PS.Case No. -3 Year- 2015 Thana -BACHWARA District- BEGUSARAI ======================================================
1. Nandan Kumar @ Nandan Chaudhary, son of Suresh Chaudhary, resident of Village- Moktiyarpur, Police Station- Bhagwanpur, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-03-2017 Heard both sides.
The petitioner seeks bail in Bachhwara P.S. Case No. 3/2015, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The widow of the deceased alleged that Anand Kanhaiya and two other unknown entered into her house and he was searching eldest son of the informant. The husband of the informant caught the motorcycle of the accused. On such, Anand Kanhaiya fired which hit the husband of the informant and the husband of the informant died.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Name of the petitioner figured in the case during course of investigation as the person who was
Patna High Court Cr.Misc. No.11170 of 2017 (2) dt.10-03-2017 2/2 sitting near the place where conspiracy was being hatched to kill the husband of the informant. On similar footing Amit Kumar and Subham Kumar have already been enlarged on bail. It is submitted that the petitioner is not the assailant of the deceased. Considering the facts aforesaid and the fact that similarly situated co-accused persons have already been enlarged on bail, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai in connection with Bachhwara P.S. Case No. 3/2015.
(Prabhat Kumar Jha, J.) Rakhi U T