Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39902 of 2018 Arising Out of PS. Case No.-89 Year-2014 Thana- MATIHANI District- Begusarai ====================================================== Prince Kumar Son of Raja Ram Singh Resident of Badalpura, Matihani, Mirzapur, P.S. Matihani, District - Begusarai. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Pritish Kumar Lal, Adv.

For the Opposite Party :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Matihani P.S. Case No. 89 of 2014 registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and under Section 27 of the Arms Act. Informant who is the mother of deceased has stated in her fardbeyan that on 10.07.2014 at about 08:30 P.M. she along with her son were standing on road then accused person came in a Bolero car and fired upon her son on of his head as a result of which he fell down and declared brought dead when he was taken to hospital.

It has been submitted on behalf of the petitioner that he is innocent and committed no offence. He has been

Patna High Court Cr.Misc. No.39902 of 2018(3) dt.14-09-2018 2/2 falsely implicated in this case only due to enmity between the parties. He is not named in the FIR and nothing has been recovered from the possession of the petitioner. It has been further submitted that similarly placed co-accused Sumit Kumar has been granted bail by co-ordinate Bench of this Court in Cr. Misc. No. 42751 of 2014 vide order dated 10.04.2015. Considering the aforesaid fact 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 Sri. Saurabh Anand, learned Judicial Magistrate 1st Class, Begusarai in connection with Matihani P.S. Case No. 89 of 2014. (S. Kumar, J) Rajiv/manoj U T