Patna High CourtCR. MISC./31130/2017bail granted

Sunny Kumar v. The State Of Bihar

2017-07-07Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31130 of 2017 Arising Out of PS.Case No. -216 Year- 2016 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ====================================================== Sunny Kumar, S/o Punnichand Prasad, Resident of village - Sriramnagar Korai, Police Station-Deepnagar, District-Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganesh Sharma, Advocate. For the Opposite Party/s : Mr. Suresh Prasad Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Deepnagar P.S. Case No. 216 of 2016 registered under Sections 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

On grazing the filed of the accused by the buffalo of the informant, the petitioner along with other accused persons assaulted the informant and others by means of lathi and on the order of Sunil Kumar, the petitioner got the rife and handed over the same to Jitendra Kumar. The said Jitendra Kumar resorted firing upon the informant and Dharmendra Yadav on his chest, who died on the spot, while the informant sustained fire arm

Patna High Court Cr.Misc. No.31130 of 2017 (2) dt.07-07-2017 2/2 injuries in the said firing.

It is submitted by learned counsel for the petitioner that the petitioner does not happen to be the assailant. He had simply brought the rifle obliging the order given by co-accused Sunil Kumar. The said Sunil Kumar has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 28.06.2017 passed in Cr. Misc. No. 27788 of 2017. The petitioner has been languishing in custody since 23.11.2016.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 216 of 2016.

(Prakash Chandra Jaiswal, J) Mishra/- U T