Gautam Kumar @ Gautam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17133 of 2018 Arising Out of PS.Case No. -15 Year- 2017 Thana -PARSABAZAR District- PATNA ======================================================

1. Gautam Kumar @ Gautam Yadav S/o Late Shyam Bihari Prasad, R/o Village- Dhamaul, P.S.- Parsa Bazar, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2018 The petitioner is apprehending his arrest in connection with Parsa Bazar P.S. Case No. 15/2017, registered for offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner that he in conspiracy with other accused person killed the son of informant. It has been submitted on behalf of the petitioner that he has no role to play in the said offence and there is no allegation against the petitioner of firing on the son of informant and further the F.I.R itself shows that the informant has taken the name of other accused persons, who took the deceased with themselves on the plea to see the land and the informant himself has stated that he saw the petitioner standing there, which does not constitute any

Patna High Court Cr.Misc. No.17133 of 2018 (4) dt.01-05-2018 2/2 offence.

Learned counsel for the State opposed the prayer for bail and submitted that informant has clearly stated that he saw the petitioner along with others fleeing from the spot. Having heard both sides, considering the facts and circumstances of the case, let petitioner surrender before the court below within a period of four weeks and on his surrender the court below shall release him to his own satisfaction on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousands) with two sureties of the like amount with condition that once the chargesheet is submitted and the allegation is found true against the petitioner, the petitioner has to surrender before the court below and pray for regular bail, which will be considered by the court below on the basis of materials available at that time. (Vinod Kumar Sinha, J) sunil/- U T