Nirbhay Kumar Chand @ Nirbhay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34442 of 2018 Arising Out of PS. Case No.-124 Year-2018 Thana- KHAZANIHAT District- Purnia ====================================================== Nirbhay Kumar Chand @ Nirbhay Singh, Son of Vijay Kumar Chand @ Bijay Chand, R/o Village- Baruna, P.S.- Barhara Kothi, District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 38029 of 2018 Arising Out of PS. Case No.-124 Year-2018 Thana- KHAZANIHAT District- Purnia ====================================================== Pravin Kumar Yadav, S/o Ranvijay Yadav, residents of Village- Basnahi Maluda, P.S.- Basnahi, District- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
(In Criminal Miscellaneous No. 34442 of 2018) For the Petitioner/s :
Mr. Dr. Bidhu Ranjan For the Opposite Party/s :
Mr. Sri Parmeshwar Mehta (In Criminal Miscellaneous No. 38029 of 2018) For the Petitioner/s :
Mr. Sanjay Kumar Singh For the Opposite Party/s :
Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-08-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners, who are in custody, seek bail in connection with K. Hat (Madhubani) P.S. Case No. 124 of 2018 registered for the offence punishable under Sections 302, 201/120B of the Indian Penal Code and Section 27 of Arms Act.
Patna High Court Cr.Misc. No.34442 of 2018(4) dt.23-08-2018 2/3 Informant is the police official, who in his written complaint has stated that on 03.03.2018 at about 9.15 AM he received an information of a dead body of unknown person lying in village Vidyapati Baban Bigha. After receiving such information he proceeded and found that he was killed by firearm and after preparing the inquest report, sent body for postmortem and registered case against unknown. The body was identified by Kailash Mehta as his son namely, Brajesh Kumar on next day i.e. 04.03.2018. However, the father or any of the family member did not named any person for killing of the Brajesh Kumar who was residing in the hostel.
The name of petitioners who were also inmates of said hostels surfaced in the case on the statement made by the father and brother of deceased which is based on suspicion only. Petitioner Nirbhay Kumar Chand has one antecedent as Raniganj P.S. Case No. 262 of 2017 and except said case there is no other case in which he is accused. Petitioner Nirbhay Kumar Chand is in custody since 10.04.2018 and petitioner Pravin Kumar Yadav is in custody since 19.05.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail
Patna High Court Cr.Misc. No.34442 of 2018(4) dt.23-08-2018 3/3 upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with K. Hat (Madhubani) P.S. Case No. 124 of 2018.
(S. Kumar, J) veena/- U T