Shrawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30869 of 2017 Arising Out of PS.Case No. -92 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Shrawan Kumar, s/o late Bishwamitra Singh, r/o vill-Suryapur, PSRamgarh, Dist-Kaimur (Bhabhua) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nand Singh For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Mohania PS case no. 92 of 2017 registered for the offences punishable under Section 396 of Indian Penal Code. The case of the prosecution is that while the informant along with others were going to mela for purchasing animals and reached the barrier near the railway station, 7-8 accused persons armed with rifle and lathi arrived there and thereafter, had looted the cash, however, when one Tandon Tiwary tried to resist the dacoity, accused persons fired on the chest of the said Tandon Tiwary leading to his death on the spot. Learned counsel for the petitioner submits that petitioner is not named in the FIR and apart from his confessional statement, there is no material on record to connect the petitioner

Patna High Court Cr.Misc. No.30869 of 2017 (2) dt.06-07-2017 2/2 with the alleged occurrence, petitioner has clean antecedent and is languishing in judicial custody since 03.03.2017. It is further submitted that other similarly situated accused persons has already been granted bail by this Hon'ble court vide order dated 19.06.2017 passed in Cr.Misc. no. 19689 of 2017. Having regard to the facts and circumstances of the case, I deem it fit and appropriate to enlarge the petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Mohania PS case no. 92 of 2017. (Mohit Kumar Shah, J.) rinkee/- U T