Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39975 of 2018 Arising Out of PS. Case No.-237 Year-2017 Thana- NAUGACHIA District- Bhagalpur ====================================================== Krishna Kumar, Son of Wakil Singh @ Wakil Prasad Singh, Resident of Sripur, P.S.- Naugachia, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Choudhary For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Naugachia P.S. Case No. 237 of 2017 registered for the offence punishable under Sections 25(1-b)a/(1-aa)/26 of the Arms Act.

Informant is the police official, who in his self statement has stated that on information received, a team was constituted to verify the information that in the house of Wakil Singh one lady was injured. On information informant and other police officer proceeded towards the house of Wakil Singh, where Madhubala Kumari aged about 17 years, daughter of Wakil Singh was present there. Daughter of Wakil Singh told them that injured lady Punam Devi is her Bhabhi and when she

Patna High Court Cr.Misc. No.39975 of 2018(3) dt.17-09-2018 2/3 was in her bed room at about 1.15 PM she heard the sound of firing and when she went towards the noise of firing she saw that his brother Krishna Kumar was coming out from the room of her Bhabhi. Thereafter villagers and her family members came there and took the injured to the hospital for treatment. It has been further stated that the informant searched the room of petitioner, where two deshi katta in a plastic bag having no cartridge, one magazine of pistol having two cartridge were recovered. Thereafter he searched outside the boundary of Krishna Kumar there a hidden pistol was recovered having no magazine.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. It has been further submitted that nothing has been recovered from the possession of the petitioner and he is a student of B. Pharma and is 19 years old was living at Patna. He never fled rather with all family members he brought his Bhabhi to Naugachia Hospital for better treatment and from there the police arrested the petitioner. Petitioner is in custody since 03.10.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court Cr.Misc. No.39975 of 2018(3) dt.17-09-2018 3/3 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Naugachia, Bhagalpur, in connection with Naugachia P.S. Case No. 237 of 2017.

(S. Kumar, J) veena/- U T