Agast Kumar @ Lakathu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74477 of 2018 Arising Out of PS. Case No.-28 Year-2018 Thana- IMADPUR District- Bhojpur ====================================================== Agast Kumar @ Lakathu Son of Bihari Mahto, Resident of VillageJagjivanpur, Police Station- Imadpur, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Pratap Singh For the Opposite Party/s :

Mr.Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 08.07.2018 in connection with Imadpur P.S. Case No.28 of 2018 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Prosecution case as per the written report of Bahadur Singh to S.H.O. Imadpur P.S. is to the effect that on 06.07.2018 at about 7.30 P.M., co-accused Kuldeep Mahto called the fatherin-law of the informant and thereafter at 8 P.M., all six accused persons including the petitioner killed the father in-law of the informant by causing fire arm injury.

It is submitted by learned counsel for the petitioner that admittedly informant is not an eye witness to the

Patna High Court Cr.Misc. No.74477 of 2018(3) dt.24-01-2019 2/2 occurrence. The accusation has been levelled against six persons including the petitioner. It is further submitted by learned counsel for the petitioner that there is general and omnibus allegation against the six persons.

Learned APP after going through the case diary submits that though there is no eye witness to the occurrence but the petitioner is named in the F.I.R.

Considering the fact that the victim received only one injury, i.e., fire arm injury and accusation of firing is against all the F.I.R. named six persons and the statement made in para 3 of the bail application to the effect that the petitioner is having no criminal antecedent, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Bhojpur at Ara in connection with Imadpur P.S. Case No.28 of 2018 (Dinesh Kumar Singh, J) sanjeev/- U T