Sikandar Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46482 of 2021 Arising Out of PS. Case No.-295 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Sikandar Kumar Ram S/o Ganesh Ram Resident of Telia Pokhar, Ward No.- 22, P.S.- Town (Ratanpur O.P.), District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2021 Heard both parties.

The petitioner seeks bail in Town P.S. Case No. 295 of 2021, registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, this petitioner along with co-accused Ashish Kumar came to the house of informant and took away the son of informant for tea at 7.00 pm on the alleged date of occurrence. Thereafter, they called co-accused Rohit Kumar at the shop of tea. Rohit Kumar having armed came there and this petitioner ordered him to kill Sunni Kumar (informant's son) and thereafter, Rohit Kumar fired upon him as a result of which he died on the spot.

It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.46482 of 2021(2) dt.16-11-2021 2/2 petitioner is not the assailant of the deceased. He is only order giver and specific allegation of firing is against co-accused Rohit Kumar. Petitioner claims clean antecedent and he is in custody since 28.04.2021. Investigation is complete. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Town P.S. Case No. 295 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T