Arvind Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38146 of 2017 Arising Out of PS.Case No. -149 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Arvind Kumar Srivastava, Son of Late Suraj Narayan Prasad, Resident of Village - Govindpur, P.O. + P.S.-Turkuliya, District-East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Turkauliya P.S. Case No. 149 of 2017 registered under Sections 307 and 120(B) of the Indian Penal Code and Sections 27 and 35 of the Arms Act. As per the prosecution case, two to three unknown miscreants have shot at the brother of the informant. It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring confessional statement of the co-accused which has no evidentiary value in the eye of law. The petitioner has been falsely implicated in this case due to political rivalry. He has been

Patna High Court Cr.Misc. No.38146 of 2017 (2) dt.11-08-2017 2/2 languishing in custody since 17.06.2017.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 149 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T