Bardka @ Kunal Kumar @ Kunal Rai @ Bare And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.55799 of 2015 (3) dt.17-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55799 of 2015 Arising Out of PS.Case No. -12 Year- 2014 Thana -MANER District- PATNA ======================================================

1. Bardka @ Kunal Kumar @ Kunal Rai @ Bare

2. Chhotka @ Pappu Kumar @ Chhote both sons of Sri Chandsi Rai, resident of village- Maulinagar, P.S. Maner, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Ratan Kumar For the Opposite Party/s Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 17.02.2016 Heard learned counsel for the petitioners, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.

Informant is not an eye-witness of the alleged occurrence and when he came on the place of occurrence, he learnt about the names of the petitioners and other accused and also learnt that one Gajendra Rai has sustained injury in the aforesaid occurrence. Statement of injured- Gajendra Rai was recorded by I.O. at para 36 of the case diary and the said witness specifically stated that it was petitioner no.1 who shot fire on the deceased and when he tried to catch petitioner no.1, petitioner no.1 opened fire upon him also. The aforesaid witness sustained firearm injury which is evident from perusal of para 36 of the case diary itself because statement of the aforesaid witness was recorded in emergency ward of Patna Medical

Patna High Court Cr.Misc. No.55799 of 2015 (3) dt.17-02-2016 College & Hospital, Patna.

So far as petitioner no.2 is concerned, there is no allegation of making fire against him, though it is stated that he was also present on the place of occurrence and hatched up a conspiracy with other accused.

Considering the aforesaid facts and circumstances as well as submissions of the parties, prayer for bail of petitioner no.2 is allowed. Accordingly, petitioner no.2, namely, Chhotka @ Pappu Kumar @ Chhote is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Rahul Kumar, Judicial Magistrate, Ist Class, Danapur/ concerned court in Maner P.S. Case no. 12/2014. So far as prayer for bail of petitioner no.1, namely, Bardka @ Kunal Kumar @ Kunal Rai @ Bare is concerned, the same stands rejected.

shahid (Hemant Kumar Srivastava,J) U T