Vishwakarma Kumar @ Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49195 of 2021 Arising Out of PS. Case No.-416 Year-2020 Thana- PARBATTA District- Khagaria ====================================================== VISHWAKARMA KUMAR @ NISHANT KUMAR S/o- RAJ KISHORE SINGH Resident of Village- Srirampur Tudhi, P.S.- Parbatta, DistrictKhagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302, 307, 34 of the Indian Penal Code and u/s 27 of Arms Act.

As per the prosecution case, on 11.11.2020 at about 10 PM while the informant along with Nakul Sharma were sitting at his Bathan, this petitioner along with three other FIR named accused persons and six unknown persons arrived, armed with country made pistol, and started to abuse and dragged them towards Kishori Bathan Banmakia. It is further alleged that they started assaulting them and co-accused Vipul Singh and Satyam Kunwar fired upon Nakul Sharma as a result of which he died on the spot. It is further alleged that while informant tried to run

Patna High Court CR. MISC. No.49195 of 2021(2) dt.24-11-2021 2/2 away, co-accused Satyam Kunwar fired upon him which hit his right hand arm and elbow.

Learned counsel appearing for the petitioner submits that petitioner is not the assailant of the deceased. Specific allegation of firing is against other accused persons and no overt act has been alleged against this petitioner rather he is simply a member of unlawful assembly. Petitioner claims clean antecedent and is in custody since 11.04.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Khagaria in connection with Parbatta PS case No.416/2020. (Prabhat Kumar Singh, J) BKS/- U T