Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62409 of 2018 Arising Out of PS. Case No.-116 Year-2018 Thana- SURYAGARHA District- Lakhisarai ====================================================== Sandeep Kumar, S/o Rajeev Kumar, R/o Vill.- Kaiyar, Post Officer- Kaiyar, P.S.- Sikandra, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate.

For the Opposite Party/s :

Mr. Sri Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Suryagarha P.S. Case No. 116 of 2018 registered under Sections 147, 148, 149, 323, 325 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that on 05.07.2018, in the night, father of informant Arun Singh, brother Jyoti Kumar, Upendra Singh, Hareram Singh, Krishna Murari, Sudhansu Kumar and others were returning from Middle Schook Rampur after entertaining the orchestra programme. In the way, ten persons named in the F.I.R. including the petitioner surrounded them and thereafter, all started to assault his father through lathi, danda and rod. In the meantime, Shekhar Kumar @ Babli

Patna High Court Cr.Misc. No.62409 of 2018(2) dt.06-10-2018 2/2 caught hold his father and Avinash Kumar caused several injuries at the head of his father through iron rod. At that time, villagers came there and caught hold co-accused, Sandip Kumar and three others and handed over the police station. Thereafter, his father was rushed to Lakhisarai hospital, from where, he was referred to CNS Hospital, Patliputra, Patna, where he died. Learned counsel for the petitioner submits that while the petitioner is named in the F.I.R. along with nine others but no specific overt act has been attributed against the petitioner. It is further submitted that petitioner has no criminal antecedent and is in custody since 07.07.2018.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, in connection with Suryagarha P.S. Case No. 116 of 2018. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T