Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16601 of 2019 Arising Out of PS. Case No.-392 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Deepak Kumar Son of Nawal Sharma Resident of Village - Mahewa, P.S.- Makhdumpur, District - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 307, 302/34 of the Indian Penal Code & 27 of the Arms Act.

The prosecution case in brief is that while the informantcum-petitioner along with the deceased was returning their village after immersion of idol, two unknown miscreants started firing, as a result of which, both of them sustained fire-arms injury and in consequence thereof, the deceased succumbed to the injury.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 12-11-2018. Charge sheet has

Patna High Court CR. MISC. No.16601 of 2019(5) dt.29-07-2019 2/2 already been submitted. The petitioner happens to be one of the conspirators. There is no eye witness to the alleged occurrence nor there is any substantive evidence to suggest the implication of the petitioner in the alleged offence.

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 Sub Divisional Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. Case No. 392 of 2018.

(Sudhir Singh, J) A.K.V.//- U T