Prabhat Kumar @ Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59516 of 2018 Arising Out of PS. Case No.-326 Year-2017 Thana- CHAKIA District- East Champaran ====================================================== Prabhat Kumar @ Ashutosh Kumar S/o Pramod Kumar Singh Resident of Village - Bankat, P.S. Kesariya, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sangeet Deokuliar, Advocate For the informant : Mr. Sanjay Kumar Tiwary, Advocate. For the State :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner, counsel for the informant and State.

Petitioner seeks bail in Chakia P.S. Case No. 326 of 2017 instituted for the offence under Section(s) 302, 303/34 Indian Penal Code and Section 27 of the Arms Act. In the written report there is specific allegation that on the order of co-accused Laliteshwar Singh, co-accused Rajeev Ranjan Singh fired on his face. Co-accused Khush Nandan Kumar Singh fired on his chest and co-accused Sonu Kumar fired on the back and waist in front of informant and her daughter. The reason behind the occurrence is earlier criminal case pending between the parties.

Counsel for the petitioner submits that petitioner is

Patna High Court Cr.Misc. No.59516 of 2018(3) dt.11-12-2018 2/2 not named in the First Information Report. His name has come in the confessional statement of co-accused Khush Nandan Singh.

Counsel for the informant has appeared and opposed the prayer for bail.

Petitioner is in custody since 16.7.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Chakia P.S. Case No. 326 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) S.Ali/- U T