Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9149 of 2020 Arising Out of PS. Case No.-124 Year-2019 Thana- PHULWARIA District- Begusarai ====================================================== KAMLESH KUMAR S/o Anil Kumar Singh @ Anil Singh Resident of Village- Fulwariya -03, P.S.- Fulwariya, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Dhar Jha For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 307, 302, 504/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that co-accused Manoj Kumar @ Manti fired upon the chest of the informant's brother, due to which he sustained grievous injury. In course of treatment he died. The petitioner fired upon the informant, but same did not hit him. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.09.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The main allegation is against the co-accused, namely, Manoj Kumar @ Manti, who

Patna High Court CR. MISC. No.9149 of 2020(2) dt.04-03-2020 2/2 is said to have fired upon the brother of the informant, which led to his death. So far the petitioner is concerned, he is said to have fired upon the informant but the same did not hit him. Hence no offence under Section 307 of I.P.C. is made out against the petitioner. The petitioner had no intention to commit murder of the informant.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 learned A.C.J.M. 1st, Begusarai in connection with Fulwariya P.S. case No.124 of 2019.

(Sudhir Singh, J) Narendra/- U T