Hare Krishna Kumar @ Hari Babu v. The State Of Bihar

Patna High Court Cr.Misc. No.26614 of 2017 (2) dt.15-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26614 of 2017 Arising Out of PS.Case No. -139 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. HARE KRISHNA KUMAR @ HARI BABU, S/o Rajaram Ray, resident of Village Rajaura Purbari Tola, P.S. Muffasil, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pawan Kumar Singh, Adv. For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-06-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 28.03.2017 in connection with Begusarai Town P.S. Case No. 139 of 2017 registered under Sections 307, 427/34 and 349 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the petitioner along with other accused is said to have resorted firing on V2 retail shop breaking the glass of window of the show-room.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has not committed any offence. He has falsely been implicated in this case. In fact, the petitioner was not apprehended on the spot rather his name was divulged in the occurrence by the co-accused, Prince Kumar. Though the C.C.T.V. footage

Patna High Court Cr.Misc. No.26614 of 2017 (2) dt.15-06-2017 indicates that the pillion rider had resorted firing on the shop but it is not clear as to who was the pillion rider who had resorted firing on the shop. The petitioner has been languishing in judicial custody since 28.03.2017.

Considering the facts and circumstances of the case and the nature of accusation, 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., Begusarai in connection with Begusarai Town P.S. Case No. 139 of 2017.

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