Anirudh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26855 of 2018 Arising Out of PS. Case No.-274 Year-2017 Thana- MAHNAR District- Vaishali ====================================================== Anirudh Kumar, Son of Ganour Rai, resident of Village+ P.O.- Lawapur, P.S.- Mahnar, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Mishra For the Opposite Party/s :

Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Mahnar P.S. Case No. 274 of 2017, registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding unknown accused persons having shot the father of the informant resulting in his death. It is stated that according to the CCTV footage, three persons had first arrived in the shop and thereafter, one person had alone come to the shop, whereafter, the fire is said to have been made on the deceased.

The learned counsel for the petitioner submits that though the informant has stated that in case, the accused persons are

Patna High Court Cr.Misc. No.26855 of 2018(3) dt.09-07-2018 2/2 brought before him, he would recognize the accused persons, however, no Test Identification Parade has taken place till date. It is further submitted that the materials, which have been gathered during the course of investigation, do not prima facie implicate the petitioner in the alleged crime. The petitioner is said to be having a clean antecedent and he is languishing in custody since 17.01.2018. It is further submitted that co-accused person has already been granted bail.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Hajipur, Vaishali in connection with Mahnar P.S. Case No. 274 of 2017. (Mohit Kumar Shah, J) ajay gupta/- U T