Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46328 of 2016 Arising Out of PS.Case No. -458 Year- 2009 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Pramod Kumar, son of Huro Sah, resident of village Bodhawan Talab, PSJamui, District-Jamui .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Prakash Mahto, Advocate For the Opposite Party : Mr. Sri Umanath Mishra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-12-2016 Heard both sides.
The petitioner seeks bail in Kotwali (Tilkamanjhi) P.S. case no. 458 of 2009 registered under Sections 302 of the Indian Penal Code and Sec. 27 of Arms Act.
Jyoti Kumari wife of the deceased Prem Prasad alleged that she came to her house and found her husband lying dead. Blood was oozing out from his chest. Her neighbour Bandana Devi and others disclosed that they heard sound of firing in the wee hours but she did not identify the assailants. Sri Y.C. Verma, learned Sr. counsel for the petitioner submits that during course of investigation it transpires that informant had illicit relation with Gulshan Kumar. Jyoti Kumari, the informant herself eliminated her husband with the
Patna High Court Cr.Misc. No.46328 of 2016 (3) dt.22-12-2016 2/2 help of the petitioner. It is submitted that Gulshan Kumar and Jyoti Kumari have already been released on bail vide order dated 08.02.2010 passed in Cr. Misc. no. 45505 of 2009 and Cr. Misc. no. 2614 of 2010 respectively. Name of the petitioner figured in the confessional statement of the co-accused. Considering the facts aforesaid, the abovenamed petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Kotwali (Tilkamanjhi)P.S. case no. 458 of 2009. (Prabhat Kumar Jha, J.) rinkee/- U T