Shankar @ Vidhayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61341 of 2017 Arising Out of PS.Case No. -169 Year- 2017 Thana -BUDDHA COLONY District- PATNA ====================================================== Shankar @ Vidhayak, S/o Suresh Paswan @ Chaitu Paswan, R/o VillageNorth Mandiri, Chhkkan Tola, P.S.- Budha Colony, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Yogesh Chandra Verma, Sr. Advocate Ms. Usha Rai, Advocate For the S t a t e : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-01-2018 Heard Mr. Yogesh Chandra Verma, learned Senior Counsel appearing for the petitioner and the learned counsel appearing on behalf of the State.

The petitioner is in custody since 24.05.2017 in connection with Budha Colony P.S. Case No.169 of 2017 registered for the offence under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned Senior Counsel appearing on behalf of the petitioner submits that, admittedly, none of the assailants had been identified as they had covered their faces. It is further submitted that there was no intention of killing the lady, rather it was a case of misfiring which had occurred, leading to the death of the lady. Moreover, it is evident that in the F.I.R. itself

Patna High Court Cr.Misc. No.61341 of 2017 (3) dt.19-01-2018 2/2 the informant has stated that he suspected the hands of the father-in-law and the brother-in-law, the present petitioner, namely, Shankar @ Vidhayak. Learned counsel for the petitioner has drawn the attention of this Court to an order dated 23.11.2017 passed in Cr.Misc. No.47551 of 2017, by which this Court has granted regular bail to the father of the present petitioner.

Considering the entire facts and circumstances of the case and that the similarly situated co-accused has been granted bail, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Ritu Kumari, learned Judicial Magistrate, 1st Class, Patna, in connection with Budha Colony P.S. Case No.169 of 2017. (Anjana Mishra, J) PNM U T