Bharat Kumar @ Chandra Shekhar Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33908 of 2018 Arising Out of PS.Case No. -3 Year- 2018 Thana -NAUBATPUR District- PATNA ======================================================

1. Bharat Kumar @ Chandra Shekhar Kumar

2. Lalit Kumar Both Sons of Sri Amarendra Singh @ Amrendra Kumar@ Rangdar@ Rangbaj Village-Sheikhpura, P.S. Naubatpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-07-2018 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Naubatpur PS case no. 3 of 2018 instituted for the offences punishable under Sections 302/34 of Indian Penal Code and 27 of Arms Act.

The allegation in the present case is regarding some unknown persons having killed the father of the informant. The learned counsel for the petitioners submits that the petitioners are non-FIR named accused persons and their names have transpired during the course of confessional statement made by another co-accused person namely Anitesh @ Gulab Kumar, however the said co-accused person has not stated

Patna High Court Cr.Misc. No.33908 of 2018 (3) dt.23-07-2018 2/2 about the petitioners having fired gun shot resulting in the death of the deceased. It is further submitted that there is no other evidence either direct or circumstantial to implicate the petitioners in the present case. Lastly, it is submitted that as far as petitioner no. 1 is concerned, he is having a fair antecedent except one case in which, he is on bail and as far as petitioner no. 2 is concerned, he is having a clean antecedent. The petitioners are stated to be languishing in custody since 23.01.2018.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to direct for release of the petitioners on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate (ACJM) II, Danapur, Patna in connection with Naubatpur PS case no. 3 of 2018.

(Mohit Kumar Shah, J) rinkee/- U T