Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31732 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -PARSABAZAR District- PATNA ====================================================== Shankar Kumar, Son of Daroga Rai, resident of Shiv Nandan Nagar Colony, Ghurdaur Road, Police Station- Digha, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Parsa Bazar P.S. Case No.35 of 2018 registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code and section 27 of the Arms Act.
The informant of this case is brother of deceased. After getting information about murder of deceased, the informant has lodged the present case against unknown. It has been submitted that the petitioner is neither named in the F.I.R. nor there is any incriminating material to show the complicity of this petitioner in committing murder of deceased. The name of this petitioner has been disclosed in the confessional statement of co-accused Ajit Kumar, who is own
Patna High Court Cr.Misc. No.31732 of 2018 (3) dt.12-07-2018 brother-in-law of this petitioner. The said Ajit Kumar is not maintaining cordial relation with the sister of the petitioner and on account of matrimonial differences he has divulged this petitioner with false and frivolous allegation that the petitioner was also present at the time of occurrence when three unknown miscreants committed murder of the deceased. It has been further submitted that even if this statement is taken to be true, this petitioner has not played any role in commission of murder of deceased. The petitioner is in custody since 06.03.2018 having clean antecedent.
The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Smt. Gayatri Kumari, A.C.J.M.- cum-C.B.I. II, Patna in connection with Parsa Bazar P.S. Case No.35 of 2018.
(Sanjay Kumar, J) Harish/- U