Patna High CourtCR. MISC./57444/2019bail granted

Santosh Kumar v. The State Of Bihar

2019-10-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57444 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== SANTOSH KUMAR S/o Suresh Singh R/o village- Gangaili, P.S.- K. Nagar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Jha For the Opposite Party/s :

Mrs.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 307, 120B/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that unknown miscreants made indiscriminate firing in which one person died on the spot. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.07.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. As per the prosecution case, a chance witness in course of investigation has stated that three unknown miscreants had come and started indiscriminate firing, upon

Patna High Court CR. MISC. No.57444 of 2019(2) dt.23-10-2019 2/2 which the deceased along with the petitioner had sustained injuries. There was one more person present along with the petitioner and the deceased. The said witness has not alleged involvement of the petitioner in the present case. The brother of the informant suspects the involvement of the petitioner. Except for this, there is no other substantive evidence to suggest his implication in this case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 Ms. Angira Kumari, Judicial Magistrate, 1st class, Purnea in connection with Barhara P.S. case No.112 of 2019.

(Sudhir Singh, J) Narendra/- U T