Kushmesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52784 of 2015 Arising Out of PS.Case No. -70 Year- 2014 Thana -BEERPUR District- BEGUSARAI ====================================================== Kushmesh Kumar, S/o Pashupati Ray, R/o Village Dinkar Nagar, Professor Colony, Behind, G.D College, P.S. Nagar, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Harsh Singh For the Opposite Party : Mr. Jitendra Kumar Singh 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-03-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Birpur P.S. Case No. 70 of 2014, registered under Section 302/34 of the Indian Penal Code and Section 27 of Arms Act. The allegation of informant Chun Chun Jha is that in the evening of 02.06.2014 petitioner along with his brother Gopal Kumar and 3-4 other unknown came at his door and asked about his son Jotish Kumar to accompany them to attend the marriage ceremony. Thereafter, Jotish Kumar, son of the informant, was accompanied by the petitioner and others. On the next day at about 08.00 A.M., the informant received information that dead body his son Jotish Kumar is lying in village Babhangama, informant went there and found the dead

Patna High Court Cr.Misc. No.52784 of 2015 (6) dt.01-03-2016 2/2 body of his son, who sustained firearm injury. Learned counsel appearing on behalf of the petitioner submits that, in fact, on 02.06.2014, the marriage of the co-accused Gopal Kumar, full brother of the petitioner, was to be solemnized, therefore, no question arise about moving of this petitioner, which is own brother of Gopal Kumar, at the house of informant to accompany his son Jotish Kumar to attend the marriage ceremony. Further submission is that except the circumstances shown by the informant that this petitioner, his brother Gopal Kumar and four others accompanied the deceased Jotish Kumar in the evening of 02.06.2014 to attend the marriage ceremony, no other circumstance has been detailed in the case diary. The petitioner having no criminal antecedent and he is in custody since 09.07.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Amit Anand, J.M.1st Class, Begusarai, in connection with Birpur P.S. Case No. 70 of 2014. (Rajendra Kumar Mishra, J) manish/- U T