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Patna High CourtCR. MISC./11953/2019bail granted

Navnit Kumar @ Satyam Kumar v. The State Of Bihar

2019-02-26Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11953 of 2019 Arising Out of PS. Case No.-98 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== NAVNIT KUMAR @ SATYAM KUMAR Son of Manoj Kumar Singh Resident of Village - Brindawan, P.S.- Naokothi, Distt.- Begusarari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Naokothi P.S. Case No. 98 of 2018, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant who is brother of the deceased has alleged that on 21.09.2018 four persons named in FIR including petitioner forcibly took away his brother on Scorpio. He followed them and saw that his deceased brother was running ahead and Bittu Singh and Dhiraj Singh were chasing and kept firing upon him for one 1 K.M. and even after his request they shot him dead and fled away.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.11953 of 2019(2) dt.26-02-2019 2/2 he is innocent and has committed no offence. He has been falsely implicated in this case. There is no allegation against the petitioner rather allegation of firing is upon Bittu Kumar and Dhiraj Kumar. Petitioner has no criminal antecedent and is in custody since 16.11.2018. It is further submitted that similarly situated co-accused have already been granted bail, one of such order being an order dated 24.01.2019 passed in Criminal Misc. No. 2182 of 2019.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Begusarai in connection with Naokothi P.S. Case No. 98 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T