Pintu Kumar @ Pintu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50961 of 2017 Arising Out of PS.Case No. -6 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Pintu Kumar @ Pintu Rai S/o Suresh Prasad Rai, R/o Village- Manua, P.S.- Hajipur Sadar, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-01-2018 Heard the counsels for the parties.

The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 6/2016 dated 09.01.2016 instituted for the offences under Sections 364, 302, 394 and 201 of the Indian Penal Code read with Section 27 of the Arms Act.

A sub-inspector of police by the name of Ashok Kumar Yadav was found to have been killed and thrown on the road. From looking at the dead body, it appeared to the informant, a chowkidar, that he had been shot at four times and his service revolver had also been taken away because the holster of the revolver was found to be empty. The F.I.R. was registered against unknown. Thereafter, one Polu was arrested, who disclosed the name of the miscreants, including the petitioner. Similarly, other

Patna High Court Cr.Misc. No.50961 of 2017 (3) dt.08-01-2018 2/2 co-accused persons, viz. Saurabh & Kundan were also named by Polu. Saurabh and Kundan also are said to have made their confessions.

Learned counsel for the petitioner has submitted that confession of the co-accused persons is no material in the eyes of law to justify the incarceration of the petitioner. Under similar circumstances, co-accused, Kundan Kumar, has been granted bail by a Bench of this Court on 18.12.2017 passed in Cr. Misc. No. 58572/2017.

The petitioner was earlier made accused in a case under Section 363/364 of the Indian Penal Code with respect to his having abducted a lady but later he is said to have married the victim of that case.

The petitioner is in custody since 30.08.2017. Considering the aforesaid facts, the petitioner above named is directed to 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 6/2016.

(Ashutosh Kumar, J.) Rakhi U T