Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27499 of 2016 Arising Out of PS.Case No. -59 Year- 2016 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Santosh Kumar Son of Rajendra Ram Resident of Village- Gandhi Nagar, PS and District Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar -Advocate For the Opposite Party/s : Mr. Sri Zainul Abedin-APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner as well as learned APP.

Narendra Kumar gave his Fardbeyan disclosing therein that on 03.02.2016 at about 9:00 p.m. Ranjan Prasad, Rajesh Prasad and Suraj Prasad indulged in quarrel with their neighbour, Rajendra Ram and his son, Santosh Kumar. At that very time, another son of Rajendra Ram, namely, Shankar Prasad @ Bhola was over his roof having armed with a country made pistol. His grandson, Arvind Kumar @ Mantu came out from his house and began to see the quarrel. Then it has been alleged that on the order of Santosh Kumar, Shankar Prasad @ Bhola fired which caused injury over neck of Arvind as a result of which, Arvind fell down. Arvind was lifted to Sadar Hospital, Jehanabad where he was declared dead.

Patna High Court Cr.Misc. No.27499 of 2016 (3) dt.12-07-2016 Certainly, the firing was made by Shankar Prasad @ Bhola which proved fatal. Petitioner is under custody since 17.05.2016.

In the aforesaid facts and circumstances of the case, petitioner, Santosh Kumar is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Jehanabad PS Case No. 59/2016. (Aditya Kumar Trivedi, J) perwez U T