Raushan Kumar @ Manoj Kumar @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39994 of 2019 Arising Out of PS. Case No.-66 Year-2018 Thana- BIHARSHARIF District- Nalanda ====================================================== RAUSHAN KUMAR @ MANOJ KUMAR @ PAWAN KUMAR Son of Bharat Singh Resident of Pachhiyadih, P.S.- Muffasil, Distt - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar Jha, Adv For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 307,302 of the Indian Penal Code and 27 of the Arms Act.

During marriage ceremony, some unknown person fired causing injury to the father of the informant, as a result whereof, he died. Hence, FIR was registered against unknown. During investigation, it surfaced that co-accusedRahul Kumar had some previous affairs with the girl who was married with the informant. Hence, Rahul Kumar hatched a plan to commit murder of the informant and the petitioner and others were hired for the purpose. However, by mistake, firing

Patna High Court CR. MISC. No.39994 of 2019(4) dt.26-09-2019 2/3 hit to the father of the informant and he was killed. Submission of learned counsel for the petitioner is that said Rahul Kumar has already been allowed bail by a Coordinate Bench of this Court in Cr.Misc. No.61444 of 2018. Moreover, there is no other material to substantiate that the petitioner was ever seen before or after the occurrence near the place of occurrence by anyone. Learned counsel for the informant opposed the prayer for bail on the ground that this is a case of murder under a conspiracy by the hired criminal and the petitioner is one of the hired person.

Considering the entire facts especially grant of bail to Rahul Kumar by a Coordinate Bench of this Court and no direct evidence against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bihar Police Station Case No.66 of 2018, corresponding to G.R.No.493 of 2018, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case,

Patna High Court CR. MISC. No.39994 of 2019(4) dt.26-09-2019 3/3 failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T