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Patna High CourtCR. MISC./21577/2017allowed

Sukesh Kumar v. The State Of Bihar

2017-05-18Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.21577 of 2017 (2) dt.18-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21577 of 2017 Arising Out of PS.Case No. -284 Year- 2016 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Sukesh Kumar, S/o Late Rajdeo Yadav, R/o Malbigha, P.S.- Noorsarai, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Mohan Mishra For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 19.12.2016 in connection with Noorsarai P.S. Case No. 284 of 2016 registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has been named in the F.I. R. leveling allegation that he fired upon Ashok on his head and waist, resultantly, the deceased died but after completion of investigation final form was submitted against the petitioner and others whereas charge sheet has been submitted against several other co-accused persons. The petitioner is rotting in custody for the last five months. Moreover, the co-accused, Dharamveer Kumar, has already been granted bail by a co-

Patna High Court Cr.Misc. No.21577 of 2017 (2) dt.18-05-2017 ordinate Bench of this Court in Cr. Misc. No. 18713 of 2017. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 284 of 2016. (Arvind Srivastava, J) brajesh/- U T