Batohi Kumar @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33188 of 2018 Arising Out of PS. Case No.-517 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Batohi Kumar @ Vivek Kumar son of Ram Prakash Singh resident of Village : Ramdiri Akashpur, P.S. : Muffasil, District : Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Begusarai Muffasil P.S. Case No. 517 of 2017, registered for the offence punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation in the present case is regarding unknown persons having fired gunshot on the deceased and injured one Kumod Kumar resulting in death of the deceased as also Kumod Kumar receiving grievous injury.

The learned counsel for the petitioner has submitted that though the informant, who is the father of the deceased, has not named any accused persons, but some of the witnesses have

Patna High Court Cr.Misc. No.33188 of 2018(4) dt.23-07-2018 2/2 disclosed seeing the petitioner and one accused person Rajni Kant riding on a motorcycle of accused Bimlesh Kumar as well as other accused person Awadhesh Kumar riding on another motorcycle and going behind the deceased upon having boarded the motorcycle of Kumod Kumar. It is further submitted that the said co-accused person, namely, Rajnikant Kumar has already been granted bail by this Court by an order dated 14.03.2018 passed in Criminal Miscellaneous No. 14502 of 2018. It is further submitted that the petitioner is having a clean antecedent and he is languishing in custody since 06.04.2018. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees 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.