Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73384 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Alok kumar S/o Late Subhash yadav R/o vill - Mathahi, P.S.- Madhepura, Distt. - Madhepura ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 81223 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Saurav Kumar @ Saurav Yadav S/ O Ganeshi Yadav @ Ganesh Yadav R/O Village -Mathahi PS-Madhepura, Dist.- Madhepura ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 82614 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Ashish Kumar Son of Sikendra Yadav R/O-Village- Pithahi, P.S. and DistrictMadhepura ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 73384 of 2024) For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP (In CRIMINAL MISCELLANEOUS No. 81223 of 2024) For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP (In CRIMINAL MISCELLANEOUS No. 82614 of 2024) For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate Mrs. Bhagyashree Raj, Advocate Mr. Rachna Rani, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-01-2025 Heard learned counsel for the petitioners and learned

2/4 APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 147, 341, 323, 302, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that on the date of occurrence, Manish Kumar and Shiva Kumar were returning after attending the court proceedings and as soon as they reached Panitanki godown near Chandrika Public School, miscreants started indiscriminate firing. It has been further alleged that the accused persons including the petitioners herein armed with pistol surrounded them. It has been further alleged that Gaurav Kumar fired with his pistol which hit the waist of Shiva Kumar and when the bike got unbalanced both of them fell down. After that Alok Kumar (petitioner herein), Ashish Kumar (petitioner herein), Saurav Kumar (petitioner herein), Dhiraj Kumar and Md. Jahid made six round firing at Manish Kumar due to which Manish Kumar received fire arm injuries in his waist, stomach, chest and temporal region. Thereafter, the accused persons fled away and also threatened that if they will file a case, all the family members will be killed. The injured persons were brought to Sadar Hospital, Madhepura where

3/4 doctor declared Manish Kumar dead and another injured, Shiva Kumar was referred to Medical College, Madhepura for better treatment.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in connection with the present case. During the course of argument, learned counsel for the petitioner submits that during the course of investigation, one Ashish Kumar son of Bijen Yadav has given his confessional statement and his confessional statement, he has stated that he, Gaurav Kumar and Alok Kumar made indiscriminate firing at Manish Kumar (deceased) due to which Manish Kumar died at the spot. Learned counsel for the petitioners, on bare perusal of the FIR, submits that when Shiva Kumar was accompanying the deceased, Manish Kumar while returning from Court but from perusal of the entire case diary, it transpires that though Shiva Kumar is alive, his statement was not recorded by the police.

From perusal of the FIR, it also transpires that informant is not the eye witness of the occurrence rather injured and eye witness of this case is Shiva Kumar. There is nothing except the confessional statement of Ashish Kumar. In this case, police has already submitted charge sheet.

4/4 since 23.07.2024, 02.08.2024 and 26.06.2024 respectively.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Madhepura P.S. Case No. 6 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura.

(Ashok Kumar Pandey, J) Jagdish/- U T