Rahul Anand @ Chiku v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32791 of 2019 Arising Out of PS. Case No.-225 Year-2018 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== RAHUL ANAND @ CHIKU S/o Late Ranjit Singh Resident of Bangali Colony, Patnacity, Begampur, P.S.- Chowk, Patna City, Town and DistrictPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Industrial Area P. S. Case No. 225 of 2018 instituted for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for petitioner submits that petitioner is not named in the written report. The name of this petitioner has come in the confessional statement of co- accused Abhishek Kumar @ Mastu.
In the written report, it is alleged that on the date of occurrence son of the informant left for his factory by his vehicle along with his driver, namely, Manoj Ravidas. The informant received information around 12 AM that some
Patna High Court CR. MISC. No.32791 of 2019(2) dt.17-05-2019 2/3 criminals have shot his son at 11 :55 AM near the gate of the factory. On getting this information, informant rushed to the Sadar Hospital, Hazipur, where the driver of the informant disclosed him that as soon as the son of the informant and driver reached near the factory gate one unknown unidentified person aged about 35-40 years, who was standing near the gate from before, fired three bullets on the window glass of vehicle which hit the son of the informant, namely, Gunjan Khemka on the upper part of the left chest. Second bullet hit the son of the informant little of above the naval and the third bullet hit and went through the left wrist and scratched the left thigh of the driver, namely, Manoj Ravidas.
The in-charge doctor of Sadar Hospital, Hazipur, declared the son of the informant dead. During course of investigation, the name of this petitioner has come in the confessional statement of co- accused Abhishek Kumar @ Mastu. From the impugned order itself it appears that besides aforesaid confessional statement, there is no any allegation of specific overt act levelled against this petitioner.
Petitioner is in custody since 6.2.2019.
Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.32791 of 2019(2) dt.17-05-2019 3/3 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the CJM Hazipur, Vaishali, in connection with Industrial Area P. S. Case No. 225 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J) shyambihari/- U T