Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9379 of 2016 Arising Out of PS.Case No. -237 Year- 2015 Thana -JAMUI District- JAMUI ====================================================== Arun Kumar son of Pramod Sah, resident of village- Bodhwan Talab, Jamui, P.O.- Jamui, P.S.- Jamui, District- Jamui (Bihar) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-03-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 30.01.2016 in connection with Jamui P.S. Case No. 237/15 for offences alleged under Sections 448, 307, 120-B, 149 of the Indian Penal Code, under Section 27 of the Arms Act and under Sections 3, 4 and 5 of the Explosive Substance Act.
The prosecution case, as lodged by the Mukhiya of Harkhar Gram Panchayat, is that 04.09.2015 at 8.45 A.M. when he came out from his office room saw two unknown persons. One of them was of white complexion and another was wearing black glass, who abused him by calling Sautar Mukhiya and threatened to kill him. He also told that his leader brother
Patna High Court Cr.Misc. No.9379 of 2016 (2) dt.01-03-2016 2/3 Munna Sah and his associates have given order to kill and he took out pistol from his waist and fired on the informant but pellet did not hit him and he with a view to save his life confined himself in a room. His nephew Sushil Hembram was also sitting in dining hall. Both miscreants entered into dining hall but his nephew caught one of the miscreants of while complexion. The another miscreant, who had black glass in the eye fired on him from his pistol but pellet hit one of the criminals then informant gave information to Superintendent of Police and Jamui police station by his mobile. On hulla miscreants exploded bomb and also made firing and fled away towards P.D. Middle School towards Budhan Talab Chowk. One rickshaw puller also sustained injury of extract of bomb.
It is also alleged by the informant that when he was elected as Mukhiya all the accused persons under a conspiracy wanted to kill him. Munna Sah and Daya Rabidas from jail itself gave order to Mahesh Sah and other miscreants by phone to kill the informant saying that if he would be killed no body will contest election.
It has been submitted by the learned counsel for the petitioner that he is innocent having no criminal history and his name crept up on the confessional statement of the co-accused Gautam Rai, who is Bhanja of one Sakaldeo Sah with whom the
Patna High Court Cr.Misc. No.9379 of 2016 (2) dt.01-03-2016 3/3 petitioner had some dispute regarding purchase of Scorpio vehicle. It has further been submitted that petitioner has no concern with Munna Sah and Daya Rabidas.
Learned APP for the State, however, submits that petitioner's name has figured during course of investigation and opposes the prayer for bail.
Be that as it may, let 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, Jamui in connection with Jamui P.S. Case No. 237/15.
(Nilu Agrawal, J.) Rajesh/- U T