Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67498 of 2022 Arising Out of PS. Case No.-110 Year-2021 Thana- KONCH District- Gaya ====================================================== Ashok Kumar Son of Arjun Yadav R/O Village- Tarari Tola, Gopalpur, P.S.- Konch, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.2, Advocate Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Konch P.S. Case No. 110 of 2021 registered for the offences punishable under Sections 147, 148, 149, 302, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

As per the prosecution, the informant alleged that this petitioner along with other accused persons arrived at the alleged place and opened fire haphazardly and in the meantime, co-accused Abhiram Sharma shot the informant's grand-mother

Patna High Court CR. MISC. No.67498 of 2022(2) dt.23-03-2023 2/3 in her head, due to which she died.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR, the informant claims to have seen the alleged occurrence and he revealed the names of altogether eight accused persons in the FIR but the name of the petitioner does not find place in the FIR and as per the order impugned a mobile number which is stated to be of this petitioner, was found near the place of occurrence on the date of the commission of the alleged occurrence and the same was used five times for calling other phone numbers but except this there is no material against this petitioner to connect him with the commission of the alleged occurrence and moreover as per the FIR the main allegation of committing murder of the deceased by using firearm is against co-accused Abhiram Sharma and petitioner has been languishing in jail since 04.07.2022 having fair and clean antecedent.

Learned APP appearing for the State has opposed the bail prayer.

In view of the facts as stated above, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail on

Patna High Court CR. MISC. No.67498 of 2022(2) dt.23-03-2023 3/3 furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Konch P.S. Case No. 110 of 2021.

(Shailendra Singh, J) Rajiv/- U T