Deepak Kushwaha @ Aadil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24120 of 2019 Arising Out of PS. Case No.-29 Year-2018 Thana- ARA RAIL P.S. District- Bhojpur ====================================================== DEEPAK KUSHWAHA @ AADIL S/o Hareram Singh R/o villageKushwaha Dharmshala, Anaith, Ara, P.S.- Ara Nawada, District- Bhojpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-04-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Ara Rail P.S. Case No. 29/2018, instituted for offence under Section(s) 302, 120(B) and 34 of the Indian Penal Code read with Section 27 of Arms Act. It is alleged in the written report that on 04.05.2018 at about 6:00 A.M., one Aslam came at the house of Md. Hakim (husband of informant) to go anywhere but he refused. In the evening at about 5:30 P.M. aforesaid Aslam again came at the house of informant and asked her husband to take tea at Ara Railway Station Premises. In the meantime, Pankaj Kumar @ Botal Bind also came. Thereafter husband of informant, Botal Bind and Aslam went to Station on motorcycle. It is alleged that at about 8:30 P.M. informant received information from her Devar that her husband has been shot dead near Railway
Patna High Court CR. MISC. No.24120 of 2019(2) dt.15-04-2019 2/2 Station, who is brought to Sadar Hospital. The informant went to Sadar Hospital and found the dead body of her husband and Botal Bind. The informant raised suspicion that aforesaid Aslam along with five other unknown persons have killed her husband. Learned counsel for the petitioner has submitted that petitioner is not named in the written report. His name has come in the confessional statement of co-accused Ajay Kumar @ Raja.
Petitioner is in custody since 14.09.2018.
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 Additional Chief Judicial Magistrate, Ara Rail, Bhojpur, in connection with Ara Rail P.S. Case No. 29/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T