Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23811 of 2018 Arising Out of PS. Case No.-17 Year-2017 Thana- SOHAIL District- Gaya ====================================================== Rakesh Kumar, S/o Kedar Sao, resident of Village- Phulwaria Eghara, P.S.- Sohail, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashhar Mustafa For the Opposite Party/s :

Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Sohail PS Case No.17 of 2017, registered under Sections 302 and 120(B) of the Indian Penal Code, under Section 27 of the Arms Act as well as under Section 17 of the CLA Act. Allegation in brief is that the brother of the informant was going to market and seeing the petitioner stopped his motorcycle and started talking with him, in the meanwhile, three persons belonging to Maoist Extremist Group also turned up with automatic fire arms shot dead the brother of the informant and thereafter escaped away.

Learned counsel for the petitioner submits that as per the allegation itself, the brother of the informant had stopped

Patna High Court Cr.Misc. No.23811 of 2018(2) dt.20-04-2018 2/2 vehicle of the petitioner for talking as both were acquainted from earlier and there is no allegation of doing any overt act in the episode of killing the deceased, moreover the petitioner has clean antecedent and there is no allegation that he is also a member of Extremist Group and is in custody since 04.12.2017. Having considered the aforesaid facts and circumstances, petitioner Rakesh Kumar is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gaya in connection with Sohail PS Case No.17 of 2017.

(Arun Kumar, J) S.KUMAR/- U T