Abhishek Kumar @ Monu v. The State Of Bihar

Patna High Court Cr.Misc. No.48939 of 2016 (03) dt.02-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48939 of 2016 Arising Out of PS.Case No. -161 Year- 2016 Thana -KADAMKUAN District- PATNA ======================================================

1. Abhishek Kumar @ Monu aged 29 years, son of Ashutosh Kumar, resident of Mohalla New Bahadurpur Colony, Road No. 13 A, P.O. + P.S.- Bahadurpur, Dist.- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey -Advocate For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-02-2017 Supplementary affidavit has been filed on behalf of petitioner, taken on record.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

It has been alleged by the informant that in the background of some sort of differences, while he along with deceased and other friends were sitting in a park, Om Prakash @ Omi, Proprietor of a medical shop lying just in front of aforesaid park, called Rocky. At that very time, Om Prakash along with Amit Kumar, Raushan Kumar Sharma, Abhishek Kumar @ Monu (petitioner) and Abhinav Kumar @ Chhotu were taking wine. As soon as, Rocky arrived at the medical shop, Raushan Kumar enquired from him and then thereafter, gave brick blow over his

Patna High Court Cr.Misc. No.48939 of 2016 (03) dt.02-02-2017 head. During midst thereof, Om Prakash provided knife to Raushan Kumar, who then thereafter, pierced so many times at different portions over the body which ultimately proved fatal after having the deceased taken to P.M.C.H. Petitioner is nonassailant, though his presence was there and on that very score, there happens to be consistent material collected by the I.O. That being so, petitioner, Abhishek Kumar @ Monu is directed to 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 Mr. Madhavendra Singh, Judicial Magistrate, 1st Class/ successor in his office/, Patna in connection with Kadam-Kuan P. S. Case No.161 of 2016.

(Aditya Kumar Trivedi, J) Vikash/- U T