Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72560 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- KHIRI MORE District- Patna ====================================================== 1.

NAND KISHOR SINGH Son of Hari Narain Singh Resident of VillageMakhmilpur, P.S.- Kinger, District- Arwal. 2.

Om Prakash @ Babu Sonof Hari Narain Singh Resident of VillageMakhmilpur, P.S.- Kinger, District- Arwal. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 62258 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- KHIRI MORE District- Patna ====================================================== SUNIL KUMAR Son of Surendra Singh Resident of Village- Makhmilpur, P.S.- Kinjar, District6- Arwal.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 72560 of 2019) For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 62258 of 2019) For the Petitioner/s :

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

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2019 As the both the above case arise out of same police station case number, they are being disposed of by this common order The petitioners seek regular bail in connection with Khirimore P.S. Case No. 31 of 2019, registered for offences

Patna High Court CR. MISC. No.72560 of 2019(3) dt.20-12-2019 2/3 punishable under Section 147, 148, 149, 341, 323, 325, 307, 504, 302, 120(B) of the Indian Penal Code.

Allegation as per F.I.R. is that while the informant and his brother was going to market, petitioner and several other accused persons surrounded them and assaulted them by means of iron road and country made pistol, causing serious injuries to informant and his brother and his brother in course of treatment died.

It has been submitted on behalf of the petitioners that no specific allegation has been attributed to the petitioners and they were only the members of mob. Further submission is that other accused persons having similar allegation has already been enlarged on bail by a coordinate Bench of this Court vide order dated 11.12.2019 passed in Cr. Misc. No. 81701 of 2019 and petitioners have been in custody since 17.07.2019. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, these applications are allowed, let the petitioners of both the above mentioned cases, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Sri Manish Kumar, Judicial Magistrate, Danapur,

Patna High Court CR. MISC. No.72560 of 2019(3) dt.20-12-2019 3/3 Patna in connection with Khirimore P.S. Case No. 31 of 2019, subject to the condition that petitioners will cooperate in disposal of trial and make themselves available as and when required by the court below, failing which, the prosecution shall move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunilkumar/- U T