Shivnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75338 of 2022 Arising Out of PS. Case No.-217 Year-2020 Thana- AURAI District- Muzaffarpur ====================================================== Shivnath Kumar Son Of Mahesh Rai R/O Village- Panapur, Tole- Airiya Ratwara, P.S.- Aurai, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arinjay Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 201, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act.

Informant is the father of deceased. It is alleged that on 31.10.2020 at 8.00 PM when the son of informant did not return home, he enquired from villagers and one Brijmohan stated that his son got a call on mobile to come to Shahi Meenapur. Informant thereafter, went in search of his son and found the dead body of his son with gunshot injury lying in an orchard. Informant suspects that Sandeep Rai, Deepak Kumar and Manoj Rai killed his son, as one month prior to the murder of his son, informant asked Manoj Rai to remove sand from his

Patna High Court CR. MISC. No.75338 of 2022(2) dt.24-03-2023 2/2 land upon, but Manoj Rai did not remove the sand. Sandeep Rai and Deepak Kumar assaulted his younger brother's wife and injured her. Sandeep Rai had also threatened to kill his son. It is submitted that petitioner is not named in the FIR. Name of petitioner transpired during course of investigation. The only material against this petitioner is that he was found in talking term with the co-accused Deepak Kumar on the alleged date of occurrence. Petitioner is a labourer and claims clean antecedent.

Counsel for informant vehemently opposed the prayer for bail.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Aurai P.S. Case No. 217 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T