Abhay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3538 of 2018 Arising Out of PS.Case No. -217 Year- 2017 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Abhay Kumar, Son of Vishwanath Mahto, Resident of Parari, P.S.- Lauriya, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur For the Informant : Mr. Sanjeev Kumar For the State : Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-02-2018 Heard the counsel for the petitioner and the A.P.P. for the State.
Petitioner seeks regular bail in Lauriya P.S. Case No.217 of 2017 instituted for the offence under Sections 302, 201, 120(B/34 of the I.P.C. and Section 27 of the Arms Act. Informant is the father of the deceased who in his F.I.R. has stated that while his son was sitting at his house he received a call on his mobile from his friend Anil Kushwaha and thereafter collected Rs.40,000/- thousand and went on motor cycle for purchasing bike but thereafter he did not return. In the next morning he received information that dead body of his son was lying near Chhath Ghat. He has named Anil Kushwaha and his
Patna High Court Cr.Misc. No.3538 of 2018 (3) dt.15-02-2018 2/2 family members who had killed his son.
It has been submitted on behalf of the petitioner that the petitioner is not named in the F.I.R. but his name transpired during course of investigation as he was sitting in middle on the motor cycle and the deceased was driving the said motor cycle and Anil Kushwaha has stated that he killed the son of the informant but has not alleged any role of the petitioner in killing of the son of the informant.It has further been submitted that the petitioner is in jail custody since 13.03.2015 having no criminal antecedent. It has been submitted by the petitioner that one similarly Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Addl.C.J.M., West Champaran, Bettiah, in Lauriya P.S.Case No.217 of 2017. (S. Kumar, J) AnilKrSinha/- U