Premchandra Kumar @ Prem Chand Kumar @ Buchi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30063 of 2020 Arising Out of PS. Case No.-1102 Year-2018 Thana- BIHTA District- Patna ====================================================== PREMCHANDRA KUMAR @ PREM CHAND KUMAR @ BUCHI S/o Biteswar Verma @ Birendra Verma @ Birendra Kumar Verma Resident of Village- Bhagwatipur, Police Station- Bihta (Neora), District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudish Kumar, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-11-2020 Heard Mr. Sudish Kumar, learned counsel for the petitioner and Mr. Gauri Shankar Gupta, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Bihta (Neora) P.S. Case No. 1102 of 2018 registered for the offence punishable under Section 302/34 of the Indian Penal Code 1860. The allegation as per the First Information Report is that the petitioner along with other co-accused persons arrived at the house of the informant and caught hold his father and fired upon him, due to which, he died.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.30063 of 2020(2) dt.24-11-2020 2/2 and he has falsely been implicated in this case due to previous enmity. Learned counsel further submits that from perusal of the First Information Report it would be evident that there is specific allegation of firing upon Biteswar Verma, due to which, father of the informant died. Learned counsel also submits that the petitioner has got no criminal antecedent and he is in custody since 28.02.2020.

Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 28.02.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Danapur, in connection with Bihta (Neora) P.S. Case No. 1102 of 2018.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T