Sintu Kumar @ Rajkumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70273 of 2021 Arising Out of PS. Case No.-55 Year-2021 Thana- RUPAULI District- Purnia ====================================================== SINTU KUMAR @ RAJ KUMAR Son of Janardan Singh Resident of Village- Gwalpara, Madrauni Basa, P.O. and P.S.- Rupauli, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunit Jha, Advocate Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 302 of the Indian Penal Code read with Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 10.06.2021, charge-sheet has been submitted and is a person with clean antecedent. The informant alleges that on the day of Holi verbal duel started between the two groups where petitioner along with named accused persons were present variously armed and a fight ensued between them and Dhrub Kumar (deceased) the

Patna High Court CR. MISC. No.70273 of 2021(2) dt.16-05-2022 2/3 son of the informant came at the place of occurrence to witness the fight then firing was made on account of which Dhrub Kumar died.

Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that there was verbal duel between the two groups on the day of Holi as a result there was a fight between the two groups and the deceased merely came to the place of occurrence to witness the fight then firing was made as a result of which the deceased died. It is submitted that there is no specific allegation in the FIR with regard to the firing made by the petitioner, rather the petitioner has been roped in the present case merely because he was also present at the place of occurrence and it is also submitted that the FIR is completely silent that as to who fired and by whose firing the deceased died. It is further submitted that co-accused Pintu Kumar has been granted bail by order dated 22.02.2022 in Cr. Misc. No. 55787 of 2021.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 10.06.2021, charge-sheet has been submitted and is a

Patna High Court CR. MISC. No.70273 of 2021(2) dt.16-05-2022 3/3 person with clean antecedent and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Rupauli P.S. Case No. 55 of 2021.

(Satyavrat Verma, J) Kundan/- U T