Prem Kumar @ Prem Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41234 of 2021 Arising Out of PS. Case No.-174 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== PREM KUMAR @ PREM RAJ Son of Vinod Kumar @ Binod Kumar Yadav Resident of - Rampur Gari Khana, P.S. - Khagaul, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-01-2022 The matter has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Naubatpur P.S. Case No. 174 of 2021, disclosing offence punishable under Section 307 and other allied Sections of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel appearing on behalf of the petitioner appears to be correct in his submission that there is allegation against co-accused Subham Kumar of having shot at the injured with a country-made pistol. He has submitted that the petitioner

Patna High Court CR. MISC. No.41234 of 2021(3) dt.06-01-2022 2/2 can, at the maximum, be treated to be a member of the mob, as no specific allegation of any overt act has been made against him, though he has been named in the FIR.

Considering the facts and circumstances, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned ACJM-III, Danapur, Patna in Naubatpur P.S. Case No. 174 of 2021.

(Chakradhari Sharan Singh, J) Rajesh/- U T