Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23708 of 2017 Arising Out of PS.Case No. -369 Year- 2016 Thana -BARAUNI District- BEGUSARAI ====================================================== Amit Kumar, S/o Umesh Singh, Resident of Village- Bishanpur, P.S. Barauni (Chakia), Distt Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-05-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sessions Trial No. 191 of 2017 arising out of Barauni (FCI) P.S. Case No. 369 of 2016 instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It has been submitted that mere suspicion has been raised against this petitioner. Petitioner is in custody since 2.11.2016. It has further been submitted that another co-accused namely Bihari Mishra has been granted bail by a coordinate Bench of this Court vide order dated 2.5.2017 passed in Cr. Misc. 18922 of 2017.

From the Fardbeyan it appears that mere suspicion has been raised against this petitioner. It is alleged in the Fardbeyan

Patna High Court Cr.Misc. No.23708 of 2017 (2) dt.23-05-2017 2/2 that informant had filed a case of Rangdari against co-accused Ajit Singh @ Sutarwa in the year 2014 and this petitioner with other persons as named in the Fardbeyan were found moving around the house of the informant.

The learned Sessions Judge has mentioned in the impugned order that name of this petitioner has come in the confessional statement of co-accused. From the impugned order it appears that mere suspicion has been raised against this petitioner.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Begusarai, in connection with Sessions Trial No. 191 of 2017 arising out of Barauni (FCI) P.S. Case No. 369 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T