Divesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52618 of 2018 Arising Out of PS.Case No. -224 Year- 2018 Thana -MASAUDHI District- PATNA ====================================================== Divesh Kumar, aged about 23 years, Son of Radheyshyam, resident of Village- Mahadeopur, P.S. Masaurhi, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 26-10-2018 Counsel for the petitioner is permitted to make necessary action in para 1 as well as in prayer portion with regard to name of Court as well as case number.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in S. Tr. No.575 of 2018 arising out of Masaurhi P.S. Case No.224 of 2018 instituted for the offence under Section(s) 302, 201, 120-B/34 Indian Penal Code and Section 27 of Arms Act.

Counsel for the petitioner submits that this petitioner was alleged to be found sitting with deceased along with other accused persons as named in the written report. It is alleged in the written report that brother of the informant went to the house of Avinash on his call but he did not return. The informant started searching his brother along with his

Patna High Court Cr.Misc. No.52618 of 2018 (3) dt.26-10-2018 2/2 family members. He learnt from villagers that there was sound of firing. Thereafter, informant went to the house of Avinash with the villagers and found blood stain on straw and on the ground of his house. He also found sleeper of his brother. The informant further alleged that this petitioner was also present in the house of Avinash when he stayed at house.

In this manner, besides aforesaid statement, there is no other material against the petitioner.

It has been submitted that co-accused, Bipin Kumar, has been granted bail by this Court by order dated 09.10.2018 passed in Cr. Misc. No.55294 of 2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail 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 the Additional Sessions Judge, VIth, Patna, in connection with S. Tr. No.575 of 2018 arising out of Masaurhi P.S. Case No.224 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) JA/- Rohit Kr.

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