Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41386 of 2019 Arising Out of PS. Case No.-348 Year-2018 Thana- HARNAUT District- Nalanda ====================================================== SACHIN KUMAR S/o Balram Paswan @ Balram Prasad R/o Village- Poari, P.S.- Harnaut, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Harnaut P.S. Case No. 348 of 2018, G.R. No. 4628 of 2018 registered for the offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the F.I.R., the son of the informant was called by the accused persons from his house and he is said to have gone towards Chuharmal Baba Asthan. Thereafter, a sound of firing was heard. On hearing the firing sound, informant went towards the said place and found his son in an injured condition. It is further stated that the son of the informant died on way to the hospital.

Patna High Court CR. MISC. No.41386 of 2019(3) dt.13-09-2019 2/2 It is submitted by learned counsel for the petitioner that petitioner is not named in the FIR. His name transpired on the confessional statement of one Shashi Paswan, who has himself been enlarged on bail vide order dated 29.04.2019 passed in Cr. Misc. No. 27830 of 2019. It is further submitted that no incriminating material has been found from his possession. He is in custody since 06.03.2019 and has no criminal antecedent.

Having heard the learned counsel for the parties and considering the fact that similarly situated co-accused has been enlarged on bail, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda in connection with Harnaut P.S. Case No. 348 of 2018. (Partha Sarthy, J) sushma/- U