Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32031 of 2019 Arising Out of PS. Case No.-75 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== SURAJ KUMAR Son of Late Ramchandra Prasad Resident of Mohalla Court Compound Muzaffarpur near Bharat Restaurant, P.S. Town, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehend his arrest in connection with Bhagwanpur P.S. Case No. 75 of 2018, registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

Son of the informant, who happens to be the Assistant Teacher, is said to have been gunned down in the school by some unknown miscreants.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case. There is nothing on record

Patna High Court CR. MISC. No.32031 of 2019(2) dt.14-05-2019 2/3 indicating the complicity of the petitioner barring the confessional statement of the co-accused Rishi Ranjan and Ramesh Paswan @ Guru. No incriminating article has been recovered from the conscious physical possession of the petitioner. Allegation levelled against the petitioner is not specific rather general and omnibus in nature. The aforesaid Rishi Ranjan and Ramesh Paswan have been enlarged on bail by different coordinate Bench of this Court in CR. Misc. No. 10215 of 2019 and CR. Misc. No. 74298 of 2018 vide order dated 06.03.2019 and 14.12.2018 respectively.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 75 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) T.Kr./- U T

Patna High Court CR. MISC. No.32031 of 2019(2) dt.14-05-2019 3/3