Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69529 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- NAGARNAUSA District- Nalanda ====================================================== 1.

RAHUL KUMAR Son of Dinesh Prasad Resident of Village - Khiru Bigha, P.S.- Nagarsausa, Distt - Nalanda.

2.

Mritunjay @ Mirtunjay @ Magahawa Son of Bachchu Prasad Resident of Village - Sultanpur, P.S.- Hilsa, Distt - Nalanda. 3.

Nirdesh Kumar Son of Kameshwar Prasad Resident of Village - Sultanpur, P.S.- Hilsa, Distt - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Asha Kumari For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2019 Petitioners seek bail in anticipation of their arrest in connection with Nagarnausa P.S. Case No. 75 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

There is allegation against the petitioners of making indiscriminate firing on the informant and there is specific allegation against one Somnath Prasad that he fired which passed near the neck of informant and he fell down and there is also allegation against him that he has taken away Rs.33,000/- from his pocket.

Patna High Court CR. MISC. No.69529 of 2019(2) dt.06-11-2019 2/2 Submission of learned counsel for the petitioners is that FIR itself shows that there is no specific allegation that anyone has received injury and considering the same co-accused has been granted anticipatory bail by the court below (Annexure-2).

Heard learned APP also.

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate/Successor Court, Hilsa, Nalanda, in connection with Nagarnausa P.S. Case No. 75 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

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