Harekrishan Kumar @ Hari Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58559 of 2019 Arising Out of PS. Case No.-138 Year-2017 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== HAREKRISHAN KUMAR @ HARI BABU, Son of Raja Ram Rai Resident of Village - Rajaura, P.S.- Muffasil, Distt - Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shree Niwas Singh For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nagar P.S. Case no. 138 of 2017, registered under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that while informant Rahul Kumar was in the way of market and when he reached near Shiv temple, at that time, four persons boarding on two motorcycles passed making firing as a result of which the pellet hit at his right knee. Thereafter, he was rushed to the hospital for treatment.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that informant Rahul Kumar has

Patna High Court CR. MISC. No.58559 of 2019(3) dt.14-11-2019 2/2 not disclosed the name of any of the miscreants out of four. The informant disclosed the name of one Prince Kumar, in his restatement, who was one of the miscreants out of four indulged in making firing. Later on, Prince Kumar was apprehended and in confessional statement, he disclosed the name of petitioner as his associate. The petitioner has no criminal antecedent, except, Cheriya Bariyarpur P.S. Case No. 126 of 2010, under Section 406/34 of the Indian Penal Code in which petitioner has been acquitted after trial. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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, Begusarai in connection with Nagar P.S. Case No. 138 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T