Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23209 of 2019 Arising Out of PS. Case No.-725 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== KISHAN KUMAR Son of Dhirendra Kumar Resident of Village - Chechaul, P.S.- Naubatpur, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Phulwarisharif (Janipur) P.S. Case No. 725 of 2018 registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that informant Kamakhya Narayan Sharma, while irrigating his paddy field, received an information about murder of his son, namely, Vishal Bhaskar @ Shibu Kumar. After getting information, he reached at the place of occurrence along with his neighbour, Ramanand Sharma and saw the dead body of his son, sustaining several fire-arm injuries.

Patna High Court CR. MISC. No.23209 of 2019(2) dt.11-04-2019 2/2 The learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the FIR. On the basis of extra judicial confessional statement of co-accused Bibhash Ranjan, petitioner was apprehended by the police, which has no evidentiary value in the eye of law. It has also been submitted that after investigation, police has submitted charge-sheet. Petitioner has no criminal antecedent and he is in custody since 11.12.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-15, Patna in connection with Phulwarisharif (Janipur) P.S. Case No. 725 of 2018. (Rajendra Kumar Mishra, J) sushma/- U T