Patna High CourtCR. MISC./33271/2019bail granted

Dheeraj Kumar @ Dheeraj Kumar Pandey v. The State Of Bihar

2019-09-11Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33271 of 2019 Arising Out of PS. Case No.-444 Year-2018 Thana- GARKHA District- Saran ====================================================== DHEERAJ KUMAR @ DHEERAJ KUMAR PANDEY Son of Suresh Pandey @ Kusheshwar Pandey Resident of Village - Garkha, Police StationGarkha, District-Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Narendra Kumar, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-09-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Sessions Trial No. 144 of 2019, arising out of Garkha P.S. Case No. 444 of 2018 dated 09.10.2018 instituted for the offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner has not been named in the FIR. The son of the deceased was shot at by some unknown persons. A guess was made by the investigating agency that perhaps the petitioner also had participated in the occurrence. The aforesaid suspicion has arisen because of the confession of a co-accused viz. Munna Rai. Aforesaid Munna Rai is said to have named, apart from the petitioner, Afjal Ansari and Binod.

Patna High Court CR. MISC. No.33271 of 2019(4) dt.11-09-2019 2/2 The learned counsel for the petitioner has stated the reason for Afjal Ansari having named the petitioner. Afjal and Binod who have been named by aforesaid Munna Rai have been granted bail by different benches of this Court.

The petitioner is in custody since 12.10.2018. Regard being had to the aforestated facts as also that the petitioner does not have any criminal antecedents and there is no eye witness to the occurrence, the petitioner above named is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge, Saran at Chapra in connection with Sessions Trial No. 144 of 2019, arising out of Garkha P.S. Case No. 444 of 2018.

(Ashutosh Kumar, J) krishna/- U T