Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31752 of 2019 Arising Out of PS. Case No.-315 Year-2018 Thana- BIHARSHARIF District- Nalanda ====================================================== Raushan Kumar Son of Ravindra Sao Resident of Mohalla - Khairabad (Mahalpar), P.S.- Biharsharif, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Advocate.

For the Opposite Party/s :

Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-05-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Bihar P.S. Case No. 315 of 2018, instituted for the offence under Section(s) 302/34 of Indian Penal Code and Section 27 of the Arms Act. Counsel for the petitioner submits that petitioner is not named in the written report.

It is alleged in the written report that informant and his brother went to Bihar Railway Station and while they were returning with separate Motorcycle, on the way near the house of Dr. Eqwal, one person came on Motorcycle and fired on brother of the informant, on account of which, he fell down. Two accused persons also fired on the informant but any how he escaped. The informant went to his brother and found him dead.

Patna High Court CR. MISC. No.31752 of 2019(2) dt.13-05-2019 2/2 On the sound of firing, people of vicinity chased miscreants. It is further alleged that informant got information that co-accused Rajanikant Kumar Singh has been arrested by the local people who was running away after making firing. The name of petitioner has come in the confessional statement of Rajanikant Kumar Singh.

Counsel for the petitioner submits that co-accused Rajanikant Kumar Singh has already been granted bail by coordinate Bench of this Court vide order dated 6.3.2019 passed in Cr. Misc. 1462 of 2018.

Petitioner is in custody since 4.2.2019.

Considering the aforesaid facts and circumstances of the case, 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 learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar P.S. Case No. 315 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T