Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22373 of 2019 Arising Out of PS. Case No.-388 Year-2018 Thana- ARA NAGAR District- Bhojpur ====================================================== PRAKASH KUMAR Son of Kamta Mahto @ Kamta Prasad Singh Resident of Village - Ibrahim Nagar, P.s.- Ara Twon, Distt.- Bhojpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-05-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Ara Town P.S. Case No. 388/2018, instituted for offence under Section(s) 302, 120(B)/34 of the Indian Penal Code read with Section 27 of Arms Act. It is alleged in the written report that on the date of occurrence at about 9:00 P.M. informant was near Dharahara Pool with his brother. In the meantime, the petitioner along with other accused persons came on three motorcycles and took his brother with them towards Jamira Road. The informant just out of suspicion followed them on foot and reached near Sanjay Gandhi College in Jamira Road then he saw all the accused persons were making firing on his brother due to which his brother fell down sustaining injury. The informant reached near

Patna High Court CR. MISC. No.22373 of 2019(3) dt.30-05-2019 2/2 his brother and found his brother dead.

Learned counsel for the petitioner has submitted that in the F.I.R. name of any witness has not been cited. The other co-accused persons have already been granted bail by different Benches of this Court vide orders dated 12.03.2019 passed in Cr. Misc. No. 8915/2019 and dated 22.05.2019 passed in Cr. Misc. No. 24397/2019. Petitioner is in custody since 09.10.2018.

Considering the aforesaid facts and circumstances, 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 the learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Ara Town P.S. Case No. 388/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T