Akash Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37848 of 2016 Arising Out of PS.Case No. -98 Year- 2016 Thana -PIRBAHOR District- PATNA ====================================================== Akash Kumar @ Chhotu, son of Shekhar Prasad@Shekhar Sinha, resident of Village- Takiyapar Kayasth toli, P.S Danapur, District Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-11-2016 Heard Sri Rudra Dev, learned counsel for the petitioner and Sri Abhay Kumar, learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 25.04.2016 in Pirbahore P.S. Case No.98 of 2016 registered for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that F.I.R. was lodged against unknown and subsequently, during investigation on the basis of confession of one of the co-accused, the petitioner has been made accused in the present case.

Learned Addl. Public Prosecutor has opposed the prayer for bail of the petitioner. He submits that in this case, in a

Patna High Court Cr.Misc. No.37848 of 2016 (3) dt.28-11-2016 2/2 well planned manner the brother of the informant was done to death by indiscriminate firing.

Keeping in view the fact that the petitioner has been made accused on the basis of confession of co-accused, there is no reason to further detain the petitioner. Let the petitioner, namely, Akash Kumar @ Chhotu be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Pirbahore P.S. Case No.98 of 2016.

(Rakesh Kumar, J) NKS/- U T