Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32019 of 2022 Arising Out of PS. Case No.-139 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== UMESH KUMAR Son of Lalan Yadav Resident of Village-Asani, Police Station-Udwant Nagar in the District-Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab For the Informant :

Mr. Shiv Pd. Gupta Ad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 147, 149, 323, 307, 504 and 506 of the Indian Penal Code and later on sections 302 I.P.C and 27 of the Arms Act were added.

As per the prosecution case, it is alleged that the petitioner and co-accused person holding lathi and rifle came and started assaulting and abusing the informant. The coaccused, Chuunu Kumar fired at the informant which hit on the left leg of his son, Ankush Kumar, who died during the course of treatment.

Patna High Court CR. MISC. No.32019 of 2022(2) dt.08-08-2022 2/2 Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 10.01.2022. The other co-accused person has already been granted bail by this court vide order dated 25.07.2022 passed in Criminal Misc. No. 17117 of 2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Udwant Nagar P.S. Case No. 139 of 2021, with a condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T