Rahul Kumar @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66618 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- BEUR District- Patna ====================================================== Rahul Kumar @ Rohit Kumar, Son of Ghanshyam Prasad, Resident of South Mandiri, Near Kath Pul, P.S. Budha Colony, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar Jha, Advocate For the Opposite Party/s :

Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Beur P.S. Case No. 45 of 2018 instituted for the offence under Section(s) 326, 307, 120B/34 Indian Penal Code, Sections 25(1-B) A, 27 and 35 of the Arms Act.

The informant has alleged in the written report that while he was coming on Motorcycle and reached near Mitramandal Colony, Phase-2, two unknown persons came and one person fired with intention to kill him.

Counsel for the petitioner submits that petitioner is not named in the written report. He has been arrested by the police merely on suspicion. There is no recovery of any incriminating article from his possession.

Patna High Court Cr.Misc. No.66618 of 2018(3) dt.11-12-2018 2/2 The Sessions Judge has mentioned in the impugned order that one Motorcycle has been recovered from house of the petitioner, but from seizure list it appears that the same has been recovered from the road near Banyan (Bargad) tree. Petitioner is said to be in custody since 19.2.2018 having clean antecedent.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the Additional Chief Judicial Magistrate, VIII, Patna, in connection with Beur P.S. Case No. 45 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) S.Ali/- U T