Akshay Kumar @ Golu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30877 of 2018 Arising Out of PS. Case No.-704 Year-2017 Thana- BIHTA District- Patna ====================================================== Akshay Kumar @ Golu S/o Late Mukesh Kumar Singh, R/o Vill.- Mahavir Nagar, P.S.- Bihta, Distt.- Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv : Mr.Dhananjay Prasad, Adv For the Opposite Party/s :
Mr. P.K.Sahi, Sr.Adv Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 326,302,120(B)/34 of the Indian Penal Code and 27 Arms Act.
The FIR of the occurrence of murder of Nirbhay Kumar Singh is against unknown. The informant is full brother of Nirbhay Kumar Singh and was present at the time of occurrence when the unknown criminals fired at Nirbhay Kumar Singh causing his death. During investigation, it revealed that co-accused-Pappu Singh and his son Amit Kumar alongwith others were indulged in demand and realization of ransom from the local businessman. The deceased was leading the business
Patna High Court Cr.Misc. No.30877 of 2018(7) dt.30-01-2019 2/3 community in protest against the conduct of those accused persons. During investigation in paragraph-326 after 18 days of the occurrence , a witness stated before the police that he had seen three person firing at the deceased. Those person were Shankar Chaudhary, Md. Sabir and co-accused-Amit Kumar.
Name of petitioner-Akshay Kumar @ Golu has surfaced as conspirator. He has got no criminal antecedent and some other co-accused, namely, Chandan Kumar and Lallu Kumar have already been allowed bail by a different Coordinate Bench of this Court.
Learned counsel for the informant opposed the prayer for bail.
Petitioner is in custody since 19.09.2017. Trial is going on.
Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.Tr.No.81 of 2018 arising out of Bihta Police Station Case No.704 of 2017, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned
Patna High Court Cr.Misc. No.30877 of 2018(7) dt.30-01-2019 3/3 court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T