Salaudin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27098 of 2020 Arising Out of PS. Case No.-82 Year-2019 Thana- NARAINPUR District- Bhojpur ====================================================== SALAUDIN Son of Jainudin Resident of Village - Narayanpur, P.S.- Narayanpur, Dist.- Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the State :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-10-2020 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 defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

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

The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 302, 34 of the Indian Penal Code and 27 of the Arms Act.

Prosecution case in short is that the informant was going to Narayanpur to bring his mother. In the way all of a sudden near an orchard, 3-4 persons surrounded the informant's son and fired pistol

Patna High Court CR. MISC. No.27098 of 2020(2) dt.19-10-2020 2/2 in his temporal region, as a result of which, the son of the informant namely Vishal Kumar died.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet/Prosecution report in this case has already been submitted. The petitioner is in custody since 10-01-2020. The petitioner is not named in the FIR. The name of the petitioner transpired in this case in course of investigation. The main allegation of firing is against the co-accused namely Vikash Kumar. There is no allegation of assault alleged against the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, 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 learned Additional Chief Judicial Magistrate-VIh/Concerned Court, Bhojpur at Ara in connection with Narayanpur P.S. Case No. 82 of 2019.

(Sudhir Singh, J) A.K.V.//- U T