Raj Kishore Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.724 of 2018 (3) dt.13-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.724 of 2018 Arising Out of PS.Case No. -96 Year- 2016 Thana -CHANDRADEEP District- JAMUI ====================================================== Raj Kishore Kumar S/o Shri Sambhu Singh, R/o Village- Jaitpur, P.S.- Barahiya, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-02-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Chandradeep (Jamui) PS Case No. 96 of 2016 registered under Sections 302, 307/34 and 120B of the IPC.

The allegation in brief is that while the informant was having a cup of tea in the morning on a tea stall along with Md. Aslam; in the meanwhile two persons came on a motorcycle driven by Azhar and the pillion rider shot at Md. Aslam in his chest causing his death and he fired second round which caused injury to tea stall owner and thereafter he tried to escape but in the meanwhile the local people assembled and apprehended the petitioner and a pistol was also recovered from the petitioner.

Learned Counsel for the petitioner submits that the petitioner has been apprehended merely on suspicion, he was apprehended by the local people while he was passing away through that area. Learned Counsel for the State submits that the petitioner was apprehended near by the spot and he killed the deceased and also caused fire arm injury to the tea stall owner. Having considered the said facts and circumstances, the prayer for bail of the petitioner is rejected. (Arun Kumar, J.) Snkumar/- U T