Akash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60576 of 2018 Arising Out of PS. Case No.-94 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Akash Kumar, S/o Manoj Rai @ Manoj Kumar Roy, R/o Vill.- ward No. 45 Pahari Gachhi, P.O.- Mirzapur Banduar P.S. Muffasil, in the District of Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhu Narayan Sharma, Advocate.
For the Opposite Party/s :
Smt. Madhuri Lata, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-11-2018 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Town P.S. Case No. 94 of 2018 instituted for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. In the written report it is alleged that some unknown persons have shot dead the husband of the informant. Counsel for the petitioner submits that petitioner is not named in the written report. No Test Identification Parade has been held. During investigation the police has arrested the petitioner merely on suspicion and recorded his confessional statement which is available in paragraph-53 of the case diary. Besides the aforesaid confessional statement, there is no
Patna High Court Cr.Misc. No.60576 of 2018(4) dt.19-11-2018 2/2 allegation of overt act against the petitioner. Counsel for the petitioner further submits that co-accused Keshav Kumar @ Keshab Kumar @ Keshav Kumar @ Abhishek Kumar with similar allegation has been granted bail by coordinate Bench of this Court vide order dated 29.06.2018 passed in Cr. Misc. 32326 of 2018 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 Chief Judicial Magistrate, Begusarai, in connection with Town P.S. Case No. 94 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.
S.Ali/- (Sanjay Priya, J) U T