Black Diamond @ Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43350 of 2019 Arising Out of PS. Case No.-662 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== BLACK DIAMOND @ SONU KUMAR, Son of Ram Babu Sahani, Resident of Mohalla - Anderkila, Malahatola Ward No.-9, P.S.- Hajipur Town, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Bela Singh For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 18-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Hajipur Town P.S. Case No.662 of 2018 instituted for the offence under Section(s) 302 and other allied sections of Indian Penal Code and Section 27 of the Arms Act.
It is alleged in the written report that Md. Firoz Quarashi was sitting at Masjid Chowk, Hajipur, and watching the game of stick rotation. Son of the informant, Md. Shahnawaz Quaraisi, and Aarif Khan @ Ariyan Khan was also accompanying the Tazia. In the meantime, 5-6 young boys entered and tried to push the people from there. It is alleged that 10-15 persons armed with weapons entered in the Akhara and
Patna High Court CR. MISC. No.43350 of 2019(2) dt.18-07-2019 2/3 started firing with pistol. One bullet hit Md. Shahnawaz Hussain in his Chest and he fell down. Another bullet hit Aarif Khan @ Aariyan Khan on his stomach. The person, who fired bullet on son of the informant was Mukesh Paswan and the person, who fired on Aarif Khan @ Aariyan Khan was Raju Mahto. Petitioner is not named in the First Information Report. Counsel for the petitioner submits that name of the petitioner has come in confessional statement of Mukesh Paswan.
Counsel for the petitioner further submits that similarly situated other co-accused have already been granted regular bail by this Court by order dated 12.03.2019 passed in Cr. Misc. No.14748 of 2019 and order dated 01.05.2019 passed in Cr. Misc. No.28247 of 2019.
Petitioner is in custody since 27.03.2019.
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 Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No.662 of 2018, subject to the condition that both the
Patna High Court CR. MISC. No.43350 of 2019(2) dt.18-07-2019 3/3 bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T