Anurag Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37415 of 2023 Arising Out of PS. Case No.-300 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== Anurag Kumar Son of Jagarnath Singh Resident of Village - Bajalpura, P.S. - Teghra, District - Begusarai ... ... Petitioner/S
Versus
The State of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. Let the defect(s), if any, be removed within a period of four weeks from today.
3. The petitioner seeks bail in connection with Teghra P.S. Case No. 300 of 2021 registered for the offence under Section 307/34 of the Indian Penal Code & under Section 27 of the Arms Act and later on Section 302, 212, 115 and 120-B of the Indian Penal Code has been added.
4. The accused/petitioner is named in the F.I.R. and is in custody since 20.03.2023.
5. The allegation against this petitioner is to commit murder of friend of informant by causing firearm injuries, where initially F.I.R. was lodged under Section 307 of the Indian Penal
Patna High Court CR. MISC. No.37415 of 2023(3) dt.18-07-2023 2/3 Code.
6. Learned counsel appearing on behalf of the petitioner while arguing this matter pointed out para 28 of the case diary, where it appears during the course of investigation that the co-accused, namely, Gopal Kumar @ Golu, who was the pillion rider open fire upon deceased, causing his death and allegation against this petitioner is only to drive the motorcycle. It is submitted that though petitioner is named in F.I.R. but same appears on the basis of hearsay input as provided by unknown villagers to informant of this case, who is local Chaukidar No. 48246. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
7. Learned APP opposes the prayer of bail.
8. Considering the facts and circumstances as mentioned above, and by taking note of fact as informant is not the eye witness of the occurrence, where during investigation allegation of firing found specific against co-accused Gopal Kumar @ Golu and not against this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is
Patna High Court CR. MISC. No.37415 of 2023(3) dt.18-07-2023 3/3 in custody since 20.03.2023, accordingly the petitioner, above named, is directed to be released on bail in connection with Thegra P.S. Case No. 300 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Begusarai/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T