Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12822 of 2018 Arising Out of PS.Case No. -413 Year- 2017 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Pintu Kumar, Son of Sri Brijnandan Singh @ Mantun Yadav, Resident of Village- Anaith, P.O.- Anaith, P.S.- Ara Nawada, Distric- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Ara Nawada P.S. Case No. 413 of 2017 registered under Sections 307, 342, 324 and 120B/34 of the Indian Penal Code. Five accused including the petitioner are said to have resorted firing on the waist of the informant in course of escaping by intercepting his motorcycle on the way. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Informant has not specifically stated that who has resorted

Patna High Court Cr.Misc. No.12822 of 2018 (03) dt.04-04-2018 2/2 firing upon him. Moreover only one injury on the person of the informant was found and the assailant of the said injury is not ascertained. He has no concern with the aforesaid occurrence. The petitioner has been languishing in custody since 24.09.2017. He has no criminal antecedent. Similarly situated co-accused, namely, Gunjan Kumar @ Gunjan Tivari and Bikesh Kumar have been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 62876 of 2017 and Cr. Misc. No.4893 of 2018 vide order dated 17.02.2018 and 16.03.2018.

In the facts and circumstances of the case, the above named petitioner 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 Chief Judicial Magistrate, Ara in connection with Ara Nawada P.S. Case No.413 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T