Pawan Kumar @ Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19611 of 2019 Arising Out of PS. Case No.-418 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== PAWAN KUMAR @ PRASHANT KUMAR Son of Bhagwan Singh Resident of Village - Bihat Tola, Gurudaspur, P.S.- Barauni, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shikha Roy, Advocate.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Barauni P.S. Case No. 418 of 2018, instituted for the offence under Section(s) 302 of the Indian Penal Code and Section 27 of the Arms Act. In the written report it is alleged that brother of the informant namely, Gaurav Kumar (since deceased) informed him on his Mobile that he has been shot by some unknown persons while he was at the roof of temple. The informant along with his another brother went to the place of occurrence and found his brother namely, Gaurav Kumar seriously injured. He was taken to hospital, but Doctor declared him dead in the hospital in the next morning.

Counsel for the petitioner submits that First

Patna High Court CR. MISC. No.19611 of 2019(2) dt.01-04-2019 2/2 Information Report is against unknown. The name of petitioner has come during investigation merely on suspicion. Counsel for the petitioner further submits that occurrence is said to have taken place in the night of 25/26.8.2018 and the First Information Report has been lodged on 28.08.2018. The informant has not named anybody in the written report. The informant in his further statement has taken the name of petitioner merely on suspicion. He is not eye witness of the occurrence.

Petitioner is in custody since 17.11.2018.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Barauni P.S. Case No. 418 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T