Samarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51365 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- BIRUPUR District- Lakhisarai ====================================================== Samarjeet Kumar Son of Sanoj Singh Resident of Village - Lal Diyara, Police Station - Pipariya and District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2021 Heard both parties.

The petitioner seeks bail in Birpur P.S. Case No. 48 of 2020, registered for the offence punishable under Section 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, on 18.12.2020 at about 19.00 hours while the construction work of road and bridge was going on from Nathanpur Mor to Barahiya, four miscreants riding on motorcycle came and on the point of pistol threatened the staffs of the informant to stop the work and also demanded extortion. It is further alleged that on the next day 19.12.2020 in the morning, informant received a call on whatsapp to stop the construction work otherwise he would be killed. After half an hour, three miscreants came on Apache motorcycle on the site

Patna High Court CR. MISC. No.51365 of 2021(2) dt.29-11-2021 2/2 and one Karelal @ Nishant was identified during course of fleeing.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case. No incriminating article has been recovered from possession of this petitioner. The only material that has come against this petitioner is that this petitioner was identified by the wife of informant who as per the FIR was not present at the place of occurrence. Petitioner has not been put on test identification parade till date and he is in custody since 25.06.2021. Considering the facts and circumstances of the case, the petitioner above-named, 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 Judicial Magistrate Ist Class, Lakhisarai in connection with Birpur P.S. Case No. 48 of 2020.

(Prabhat Kumar Singh, J) vinita/- U T