Maha Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51856 of 2018 Arising Out of PS.Case No. -69 Year- 2018 Thana -PARIHAR District- SITAMARHI ====================================================== Maha Shankar Kumar S/o Rajesh Kumar Chaudhary Resident of VillageLakshminagar, Basbariya, P.S.+District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner. No one appears for the State.

The petitioner, in the present case, is seeking regular bail in connection with Parihar P.S. Case No. 69 of 2018 registered for offences alleged under Sections 394 and 120 B of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that as per the allegations in the Fardbeyan of the informant, while he was going to the Bank for depositing sale proceeds of Rs.8,56,960/-, with motorcycle the petitioner along with the co-accused Kanhai Singh and Sonu Rock intercepted the informant by overtaking the informants motorcycle. Sonu Rock fired upon the informant causing injury of leg and snatched the bag of the informant. It is

Patna High Court Cr.Misc. No.51856 of 2018 (2) dt.20-09-2018 alleged that one Rajiv Kumar Chaudhary and his son Sunderam are said to have conspired in the occurrence as earlier one Bittu Kumar and Gautam Kumar had threatened the informant with regard to erection of the boundary wall of the house. Learned counsel submits that so far as the allegation of committing overt act is concerned, it is against Sanju Rock as he had fired causing leg injury and looted the money. It is further submitted that this petitioner has got no criminal antecedent.

In the facts and circumstances of the case, wherein it appears that allegation of overt act is against one Sonu Rock and the petitioner has got no criminal antecedent as also investigation against him is completed and charge-sheet has already been filed, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, in connection with Parihar P.S. Case No. 69 of 2018 subject to the conditions U/S 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) R.R.Ojha.

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