Ramakant Pradhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22451 of 2020 Arising Out of PS. Case No.-22 Year-2020 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== RAMAKANT PRADHAN Son of Shri Jagarnath Pradhan Resident of Village - Parsaganda, P.S.- Sikraul, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 120B/34 of I.P.C. and 27 of the Arms Act.

Prosecution case, in short, is that the accused persons

Patna High Court CR. MISC. No.22451 of 2020(2) dt.14-09-2020 2/3 including the petitioner and 2 unknown came on 2-3 motorcycles and surrounded the Scooty of the brother of the informant, namely, Rajeev Kumar @ Raju Singh and accused Munna Pradhan ousted pistol from his waist and opened fire upon the head of his brother. When the informant went near his brother, then he saw that his brother died on the spot due to bullet injury hit on his head.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.01.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. As per the F.I.R., the main allegation of assault is against co-accused Munna Pradhan. So far the petitioner is concerned, no specific overt act is alleged against him nor any injury is caused by the petitioner upon the deceased.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial

Patna High Court CR. MISC. No.22451 of 2020(2) dt.14-09-2020 3/3 Magistrate, Buxar in connection with Buxar Industrial Area P.S. case No.22 of 2020.

(Sudhir Singh, J) Narendra/- U T