Aryaman Kumar @ Chikku @ Chiku v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12680 of 2020 Arising Out of PS. Case No.-77 Year-2019 Thana- BEERPUR District- Begusarai ====================================================== Aryaman Kumar @ Chikku @ Chiku, Son of Ajay Rai @ Ajay Kumar Singh, Resident of Village - Fazilpur, Ward No. 7, P.S.- Birpur, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam, Advocate.
For the Opposite Party/s :
Mr.Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-07-2020 Heard learned counsel appearing for the petitioner and the learned APP appearing for the State through Video Conferencing.
The petitioner is accused in connection with Birpur P.S. Case No. 77 of 2019, registered for the offence punishable under Sections 364, 302, 201, 387 and 120/34 of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is of kidnapping of Prithvi Chandra Choudhary, father of informant, Niranjan Kumar Gunjan from the grocery shop on the point of pistol. Upendra Sah, Lalit Thakur and Sudhir Tanti, staffs of his shop identified eight persons including the petitioner, who indulging in kidnapping of father of the informant. Later on, the dead body of his father
Patna High Court CR. MISC. No.12680 of 2020(5) dt.16-07-2020 2/3 was found near Tori Bridge.
Learned counsel for the petitioner submits that petitioner is the resident of same Mohallah, in which, grocery shop of father of the informant is situated due to that reason on the basis of presence of petitioner at the time of occurrence, staffs of grocery shop disclosed the name of the petitioner and others mere on suspicion. Further submission is that in course of investigation, confessional statement of co-accused, Gautam Kumar was recorded, as detailed in paragraph 17 of the case diary, in which, he specifically stated that father of the informant was shot fire by Gautam and Bikram but has not disclosed against the petitioner having his hand in kidnapping and murder of father of the informant.
Further submission is that similarly situated co-accused, Bikki Kumar and Mritunjay Kumar have already been allowed privilege of bail by a Bench of this Court vide orders dated 28.01.2020 and 10.01.2020, respectively, passed in Criminal Misc. No. 84193 of 2019 and Criminal Misc. No. 72925 of 2019. Further submission is that petitioner has no criminal antecedent and is in custody since 11.06.2019.
Having regard to the facts and circumstances of the case, let the petitioner above named, be released on bail on
Patna High Court CR. MISC. No.12680 of 2020(5) dt.16-07-2020 3/3 furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Begusarai, in connection with Birpur P.S. Case No. 77 of 2019. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bardwaj/- U T