Mohan Kumar @ Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61370 of 2024 Arising Out of PS. Case No.-900 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

Mohan Kumar @ Vishal Kumar Son of Rajo Bind Resident of villageBeldariya, P.S.- Kusumbha, District- Sheikhpura 2.

Subhash Kumar @ Subash Bind Son of Mahendra Bind Resident of villageBeldariya, P.S.- Kusumbha, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Sheikhpura P.S. Case No. 900 of 2023 registered for the offence punishable under Section-302/34 of the Indian Penal Code and 27 of the Arms Act.

3. The informant Ram Balak Yadav made allegation that in the morning of 25-12-2023, his cousin Suraj Kumar was going for tuition by bicycle. The informant was also following him. In the way, he saw the the co-accused Mithilesh Yadav, Rajendra Yadav, Suraj Yadav and Sachin Yadav who were equipped with pistol and they committed murder of his cousin, Suraj Yadav by firing shots.

4. Learned counsel for the petitioners has submits that the

Patna High Court CR. MISC. No.61370 of 2024(2) dt.04-09-2024 2/2 petitioner has not been named in the FIR and the informant, the sole eye witness, has been examined as P.W. 3 in S. Tr. No. 82 of 2024 and he has stated categorically that he could not identify the persons who committed murder of his cousin.

5. It appears that the petitioners are not named in the FIR and the informant is though the sole eye witness but he did not identify the miscreants who committed murder of the deceased.

6. Learned counsel appearing for the State has opposed the prayer for bail.

7. Considering the aforesaid facts and circumstances, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Sheikhpura in connection with Sheikhpura P.S. Case No. 900 of 2023 subject to the condition that the petitioners shall cooperate with the trial and make themselves available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T