Raju Kumar @ Rajeev Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.9726 of 2017 (2) dt.15-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9726 of 2017 Arising Out of PS.Case No. -300 Year- 2015 Thana -MANER District- PATNA ====================================================== Raju Kumar @ Rajeev Kumar, Son of Abhay Kumar Singh, resident of Jeevrakhan Tola, Beyapur, P.S. Maner, District Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Pathak, Advocate. For the Opposite Party/s : Mr. Sri Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Maner P.S. Case No. 300 of 2015, registered under Sections 147, 148, 149, 323, 341, 337 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that 37 persons named in the F.I.R. including the petitioner and some unknown being the members of mob started indiscriminate firing on the informant and other villagers with gun, rifle and country made revolver on protest for illegal construction of wall on the road. In that course, Vikash Kumar, Lalan Ram and Pawan Ram sustained injury. Learned counsel for the petitioner submits that while

Patna High Court Cr.Misc. No.9726 of 2017 (2) dt.15-03-2017 petitioner is named in the F.I.R. but no specific overt act has been attributed against him. It is further submitted that similarly situated co-accused, Darbari Rai, Ramesh Rai @ Ramesh Kumar and Manoj Kuamr, have already been granted privilege of bail by this Court vide order dated 27.09.2016 passed in Criminal Misc. No. 30619 of 2016. Further submission is that petitioner is in custody since 15.06.2016.

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 Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Maner P.S. Case No. 300 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T