Ankesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24531 of 2020 Arising Out of PS. Case No.-128 Year-2019 Thana- RAJPUR District- Buxar ====================================================== Ankesh Kumar Singh, Male, aged about 18 years, Son of Vinay Kumar Singh, Resident of Village- Sangrawan @ Sangraon, P.S.- Rajpur, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the State :

Mr.Dilip Kumar No.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2020 Heard the parties through virtual court proceeding. The petitioner seeks bail in connection with Rajpur P.S. Case No.128 of 2019 registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation in brief is that on 15.06.2019 at 12:10 P.M., two sons namely Sushil Pathak and Krishna Kant Pathak of the informant had gone to Rampur Market and after completing their works in the market while they were returning on bike and arrived near Prathmik Vidhayalya Devi Dehra, then from the opposite side two bike borne person came and fired upon his sons. His son Krishna Kant Pathak sustained bullet

Patna High Court CR. MISC. No.24531 of 2020(3) dt.04-11-2020 2/3 injury in head and chest and again they fired upon his another son Sushil Pathak causing bullet injuries in the chest and head. Both the sons of the informant died on the spot. Seeing the occurrence, one tractor driver run away from the road parking his tractor which caused a blockade upon the road. While they were running from there a woman tried to stop them. They have also threatened her waiving pistol in the air. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in this case on mere suspicion. He is not named in the F.I.R. On the basis of confessional statement of the co-accused, petitioner has been made accused in the present case.

He further submits that there is specific overt act against the co-accused Bhim Pandey and Seraj Ansari, who fired upon the deceased. He further submits that there is geneal and omnibus allegation against the petitioner and petitioner is in jail custody since 16.03.2020 and petitioner has got no any criminal antecedent mentioned in paragraph-3 of the bail petition.

Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two

Patna High Court CR. MISC. No.24531 of 2020(3) dt.04-11-2020 3/3 sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Buxar in connection with Rajpur P.S. Case No.128 of 2019.

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