Sahil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6055 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- VISHNUPAD District- Gaya ====================================================== SAHIL KUMAR Son of Dharmendra Singh, Resident of Mohalla- Brahmani Ghat, Upper Gali, Police Station- Vihsnupad, Distt- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Asgher Najmi, Adv.

For the Opposite Party/s :

Md.Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 302/120(B) of the Indian Penal Code and 27 of the Arms Act Prosecution case, in brief, is that on 04.08.2020 coaccused Chandan Kumar and Vishnu Kumar went to the informant's house and informed him about the murder of his brother in River Falgu. They went there and saw the dead body of the deceased. Further alleged that when informant asked to the said co-accused about the incident, he did not reply properly. But on enquiry he got the information that on the date of incident petitioner and other three named accused persons, called deceased from the house and took him with them for

Patna High Court CR. MISC. No.6055 of 2021(4) dt.12-08-2021 2/3 celebrating a party near the bank of river. Informant has strong believe that petitioner, alongwith other named accused persons murdered his brother by hatching a conspiracy. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioner and there is specific overt act against co-accused, namely Mukesh Kuamr Sharma who fired upon the deceased. The petitioner is languishing in judicial custody since 05.08.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. The similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 30.06.2021 passed in Cr. Misc. No.668/2021.

Learned APP for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts that there is general and omnibus allegation against the petitioner and similarly situated co-accused has been granted bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Vishnupad P.S. Case No.

Patna High Court CR. MISC. No.6055 of 2021(4) dt.12-08-2021 3/3 124/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T