Awinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 29361 of 2020 Arising Out of PS. Case No.-560 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== AWINASH KUMAR Son of Shatrughan Das @ Chaturdhan Das Resident of Village-Majhauliya, P.S. - Sakra, District-Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Sakra P.S. Case No. 560/2019 registered for the offences punishable under Sections 302/120(B)/34 of the Indian Penal Code.
As per the prosecution case, while the informant along with his brother and father were returning home by splendor motorcycle and reached near Sujawalpur Kabristan, two motorcycle borne miscreants intercepted and one of them fired at his brother as a result of which his brother sustained two gunshot injury and during the course of treatment died. It is submitted on behalf of the petitioner that the petitioner is not named in the FIR, his name cropped up on the
Patna High Court CR. MISC. No. 29361 of 2020(3) dt.25-01-2021 2/2 basis of confessional statement of co-accused Md. Safi@Chand. Petitioner was working in tailor shop of said Md. Safi@Chand. It is further submitted that Krishna Kumar Singh and Navneet Kumar Singh are responsible for death of brother of the informant as they were having some dispute with the deceased. Petitioner has got clean antecedent.
However, learned Additional Public Prosecutor for the State vehemently opposed the prayer for bail and submitted that during the course of investigation, this petitioner was identified in the CCTV footage.
Considering the aforementioned facts and circumstances, I am not inclined to grant bail this petitioner. It is, accordingly, rejected.
(Prabhat Kumar Singh, J) Saif/- U T