Shaktiman @ Roshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.972 of 2018 Arising Out of PS.Case No. -326 Year- 2017 Thana -DANAPUR District- PATNA ====================================================== Shaktiman @ Roshan Kumar, S/o Badalu @ Bablu Gupta Gupta, R/o Renter in the house of Ramesh Choudhary, Sultanpur, P.S.- Danapur, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s : Mr. Sri Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner, who is in custody, seeks bail in connection with Danapur P.S. Case No. 326 of 2017 registered for the offence punishable under Sections 307, 302, 120B of the Indian Penal Code and 25 [1-B] a, 26, 35, 27 of Arms Act. Informant is the daughter of deceased who has stated in her FIR that on 03.05.2017at about 8:15 PM when she was cooking food in her house, 2-3 persons from Gora Bazar came and informed that his father Bijay Kumar has been shot and he is admitted in Government Hospital, Danapur. After receiving said information alongwith her other family members she went to Hospital where her father was unconscious and thereafter he was
Patna High Court Cr.Misc. No.972 of 2018 (3) dt.01-02-2018 2/2 recommended for PMCH and he was being treated in PMCH, She is not aware who fired at his father and his father can only name them after he is conscious. However, during treatment in PMCH he died.
Learned counsel for the petitioner submitted that he is innocent and has been falsely implicated in this case. Except a confessional statement made by co-accused Ajit Kumar @ Baua, there is no incriminating material against him. Nothing has been recovered from his possession. It has further been submitted that petitioner has no criminal antecedent and he is in custody since 06.06.2017.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Danapur, in connection with Danapur P.S. Case No. 326 of 2017. (S. Kumar, J) veena/- U T