Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78586 of 2023 Arising Out of PS. Case No.-167 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Himanshu Kumar Son Of Ravindra Yadav @ Rabindra Kumar Ravi @ Gholu Yadav Resident Of Village - Murho Tola, Ward No.14, P.S. - Murliganj, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Wasi Ahmad Khan, Advocate For the State :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Murliganj P.S. Case No. 167 of 2023 instituted for the offence under Sections 302, 120(b), 34 of the Indian Penal Code and 27 of the Arms Act.

3.

As per prosecution case, the accused persons, including the petitioner came to the shop of informant and demanded some articles from the grandson of the informant. Further, on the order of this petitioner, co-accused, namely, 'Bauwa Yadav' fired on the informant's grandson, leading to his death.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.78586 of 2023(2) dt.07-12-2023 2/3 that the petitioner is in custody since 27-05-2023. Petitioner is a man of clean antecedents.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no specific allegation attributed to the petitioner. Other co-accused has been allowed bail by Co-ordinate Bench of this Court vide order dated 11-10-2023, passed in Cr. Misc. No. 61244 of 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, charge sheet having been submitted and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Murliganj P.S. Case No. 167 of 2023 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.78586 of 2023(2) dt.07-12-2023 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T