Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36942 of 2018 Arising Out of PS.Case No. -99 Year- 2014 Thana -PIYAR District- MUZAFFARPUR ====================================================== Saurabh Kumar, S/o Late Dhruv Kumar Mishra, R/o Village- Dwarika Nagar, P.S.- Mushari, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Sharma, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 24.04.2018 in connection with Piar P.S. Case No.99 of 2014 registered for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R., but after a lapse of one and a half months, the name of the petitioner has surfaced on the statement made by a spy, who has indicated the name of the present petitioner as also one Amit Kumar. It is further submitted that said Amit Kumar, who was similarly named on the basis of the statement of the spy, has

Patna High Court Cr.Misc. No.36942 of 2018 (2) dt.11-07-2018 2/2 since been extended the privilege of bail in Cr.Misc. No.16899 of 2015, vide order dated 03.08.2015. It is further submitted that the petitioner has got no criminal antecedents. In view of the aforementioned facts and circumstances of the case and that the similarly situated coaccused Amit Kumar has been extended the privilege of bail, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Muzaffarpur, in connection with Piar P.S. Case No.99 of 2014. (Anjana Mishra, J) PNM U T