Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35529 of 2016 Arising Out of PS.Case No. -59 Year- 2016 Thana -KARPI District- JEHANABAD ====================================================== BRAJESH KUMAR, SON OF LATE KAMLESH SHARMA RESIDENT OF VILLAGE-SHIVNAGAR P.O.-PAKHARPUR, P.S.-KARPI, DISTRICT-ARWAL.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Nilesh Kumar, Adv. For the Opposite Party/s : Mr. Sri Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Informant, who happens to be son of deceased had filed written report alleging inter alia that on the alleged date and time of occurrence all the accused so named therein including the petitioner armed variously came and began to assault his father Shriniwas Sharma. Informant along with others protested whereupon accused Gautam directed Gaurav to commit murder whereupon Gaurav taken out pistol and fired, causing injury over his father who died instantaneously. Then thereafter, it has been alleged that all the accused persons brandishing their weapon, succeeded in their escape. Admitted petitioner is not an assailant. Apart from this, from para-3, it is evident that petitioner has got no criminal antecedent.

Petitioner is under custody since 12.06.2016.

Patna High Court Cr.Misc. No.35529 of 2016 (2) dt.20-08-2016 That being so, petitioner Brajesh Kumar is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Karpi P.S. Case No.59 of 2016. (Aditya Kumar Trivedi, J.) Prakash Narayan U T