Anand Kumar Choudhary @ Anand Kumar Chaudhary @ Anand Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38881 of 2019 Arising Out of PS. Case No.-225 Year-2018 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== ANAND KUMAR CHOUDHARY @ ANAND KUMAR CHAUDHARY @ ANAND KUMAR SINGH Son of Arun Kumar Singh @ Arun Kumar Chaudhary Resident of Village - Chandralay, P.S.- Hajipur Sadar, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Mr. Surinder Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that one unknown miscreant fired upon his son at his factory gate due to which he died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.4.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been

Patna High Court CR. MISC. No.38881 of 2019(2) dt.01-07-2019 2/2 submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confession of co-accused namely Abhishek Kumar. Except for this, there is no substantive evidence to suggest his implication in the present case. Other co-accused have been granted bail vide Annexure-4 and 5 to the present application. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 S.D.J.M., Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 225 of 2018.

(Sudhir Singh, J) Pankaj/- U T