Ankur Srivastava @ Praneet Sumer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41167 of 2016 Arising Out of PS.Case No. -728 Year- 2014 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ankur Srivastava @ Praneet Sumer, Son of late Pramod Kumar Verma, Resident of - Banuchhapar, PS Bettiah Muffasil, District West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody in connection with Bettiah Town P.S. Case No. 728 of 2014 for the offences punishable under Sections 302/120B of the Indian Penal Code and Section 27 of the Arms Act.

According to F.I.R. someone committed murder of Manoj Kumar Gupta, the brother of the informant. The petitioner is suspected to have committed the crime alleged as the petitioner was having hot exchange of words with Manoj Kumar Gupta for payment of money.

Submission of the petitioner is that only suspicion is there against the petitioner and the petitioner had approached this Court for anticipatory bail in Cr. Misc. No.26447

Patna High Court Cr.Misc. No.41167 of 2016 (4) dt.13-12-2016 2/2 of 2015, wherein this Court refused the prayer for anticipatory bail with direction to surrender within four weeks and prayed for regular bail, which shall be considered taking into note that similarly situated co-accused Rakesh Jaiswal has already been allowed regular bail by a coordinate Bench of this Court on 03.03.2015 in 8695 of 2015.

Learned counsel for the informant opposed the prayer for bail on the ground that some of the eyewitnesses in paragraphs 227, 228, 229 and 230 of the case-diary have supported the prosecution case as eyewitness of the occurrence of murder and have alleged that the petitioner fired shot causing death of the deceased.

The petitioner submitted that those statements were recorded after more than one year of the occurrence. Considering the fact that similarly situated coaccused have been allowed regular bail, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah/Successor Court, in connection with Bettiah Town P.S. Case No. 728 of 2014.

(Birendra Kumar, J) Mkr./- U T