Bhola Kumar @ Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44767 of 2024 Arising Out of PS. Case No.-784 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Bhola Kumar @ Aman Kumar S/o Ramji Ram R/o Village Ibrahimpur PS Naubatpur Dist Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pathak, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Naubatpur P.S. Case No. 784 of 2023 instituted for the offence under Sections 147, 148, 149, 323, 302 & 385 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case as emanated from the FIR is that petitioner along with others has brutally assaulted and fired upon the son of the informant leading to his death. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17-11-2023. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.44767 of 2024(2) dt.28-06-2024 2/2 case. There is no specific allegation levelled against the petitioner. There is general and omnibus allegation attributed to the petitioner. Specific allegation of fire arm is against coaccused, namely, Brajesh Kumar. No incriminating article has been recovered from the possession of the petitioner. It is submitted that charge sheet has been submitted in this case. Other co-accused has been granted bail by this Court vide order dated 24-06-2024, passed in Cr. Misc. No. 44349 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Naubatpur P.S. Case No. 784 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T