Patna High CourtCR. MISC./58135/2018disposed

Krishna Kumar v. The State Of Bihar

2018-10-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58135 of 2018 Arising Out of PS.Case No. -118 Year- 2018 Thana -KADAMKUAN District- PATNA ======================================================

1. Krishna Kumar S/o Kusha Rai, R/o Vill.- Chiraiya, P.S.- Raghavpur, District- Vaishali, At Present C/o Nawal Sao, P.S.- Kadamkuan, DistrictPatna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-10-2018 Heard the parties.

This application is for grant of regular bail in connection with Kadamkuan P.S.Case no.118 of 2018 for the offences under Sections 394, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner as per FIR is that some miscreants looted articles from the informant and in course of that one miscreant fired which hit to another miscreant, who died.

Submission of the learned counsel for the petitioner is that he is not named in the FIR and his name transpired on the basis of confessional statement of the co-accused and there is no recovery. T.I.P. has not been conducted. He is in custody since

Patna High Court Cr.Misc. No.58135 of 2018 (2) dt.08-10-2018 2/2 1.6.2018. He is accused in one more case but he is on bail in that case.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the learned trial court that once the petitioner completes further two months' period in custody, he shall be released on bail in connection with Kadamkuan P.S.Case No.118 of 2018 to the satisfaction of the learned trial court with further condition that he will co-operate in the disposal of the trial. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T