Amlesh Kumar @ Vimlesh Singh @Vimlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22730 of 2019 Arising Out of PS. Case No.-517 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Amlesh Kumar @ Vimlesh Singh @VIMLESH Kumar Son of Umesh Singh R/o village- Ramdiri Nagar, P.S.- Matihari, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 302 of the Indian Penal Code and 27 of the Arms Act. The prosecution case in brief is that son of the informant namely, Raushan Kumar was shot to death by unknown persons near the middle school at Paspura.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 11-09-2018. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case in course of investigation. A chance witness in paragraph-17 of the case

Patna High Court CR. MISC. No.22730 of 2019(4) dt.22-08-2019 2/2 diary has stated that all the 5 accused persons are said to have assaulted the deceased. In the postmortem report, there is only single fire-arm injury on the body of the deceased. The postmortem report does not corroborate the allegations made by the said witness. The other co-accused with similar allegation have been granted bail by coordinate benches of this court vide orders dated 23-07-2018, 07-08-2018 & 14-03-2018 passed in Cr. Misc. Nos. 33188 of 2018, 33176 of 2018 and 14502 of 2018 respectively.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil P.S. Case No. 517 of 2017. (Sudhir Singh, J) A.K.V.//- U T