Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58580 of 2019 Arising Out of PS. Case No.-314 Year-2017 Thana- UDWANTNAGAR District- Bhojpur ====================================================== ABHISHEK KUMAR Son of Anil Kumar @ Anil Singh Resident of Village Lodipur, P.S. Chandi, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== 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 302/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that accused Pawan Choudhary and Rahul Choudhary made indiscriminate firing upon elder brother of the informant, as a result of which he sustained fire arm injury and he was taken to the Hospital, where the doctor declared him dead.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 1.9.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. Specific allegation is

Patna High Court CR. MISC. No.58580 of 2019(2) dt.23-10-2019 2/2 against the co-accused Pawan Choudhary and Rahul Choudhary, who are alleged to have fired upon the deceased. The petitioner is not named in the F.I.R. His name has come in course of investigation. 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 learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P.S. case No.314 of 2017.

(Sudhir Singh, J) Narendra/- U T