Bisnu Shankar Kumar @ Bisnu Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23664 of 2020 Arising Out of PS. Case No.-136 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== BISNU SHANKAR KUMAR @ BISNU SHANKAR KUMAR, Son of Satendra Rai, R/o Village- Mahakampur Bara, P.S.- Muffasil, DistrictBhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Kumar Birendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 302, 504, 506 of the Indian Penal Code and 27 of the Arms Act. Allegation against the petitioner including the accused persons is of assaulting and killing the victim by gun shot.

Patna High Court CR. MISC. No.23664 of 2020(3) dt.16-10-2020 2/2 Learned counsel the petitioner submits that there is no over act against the petitioner. Allegation against the petitioner is to blank fire upon the villagers. Specific allegation against the co-accused namely Bijendra Rai shot fire upon the Triloki Shankar Rai and Pappu Rai shot fire upon the Hari Shankar Rai. As a result of which both were succumbed due to gun shot injury. The petitioner is in custody since 06.05.2020 and has got no criminal antecedent which is mentioned in para 3 of the bail petition. There is case and counter case between the parties. Learned APP for the State opposes the prayer for bail petition.

In the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each in connection with Ara Muffasil P.S. Case No. 136 of 2020 to the satisfaction of the learned A.C.J.M.-5, Bhojpur at Ara. The court below is directed to accept the bail bond of the petitioner after ensuing election i.e. on 08.11.2020.

(Anjani Kumar Sharan, J) amitkumar/- U T