Kashib @ Nilu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62423 of 2018 Arising Out of PS. Case No.-86 Year-2018 Thana- PATNA CITY CHOWK District- Patna ====================================================== Kashib @ Nilu Son of Sakir @ Md. Zakir Hussain a resident of MohallaSadar Gali, in the front of Nandi Rock ZYM Akharagali, P.S. Khajekalan, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar For the Opposite Party/s :

Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Chowk P.S. Case No. 86 of 2018 for the offences punishable under Sections 302, 307, 341, 34 of the Indian Penal Code and 27 of the Arms Act.

The allegation is against the FIR named accused persons of firing from their firearm resulting in death of the son of the informant, whereafter the present case was lodged by the father of the deceased.

The learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name has subsequently transpired during the investigation upon

Patna High Court Cr.Misc. No.62423 of 2018(4) dt.11-12-2018 2/2 confessional statement made by the co-accused person, namely, Rahul Kumar, who has already been granted bail by the learned trial court. The learned counsel for the petitioner has further submitted that similarly situated co-accused persons have already been granted bail by order dated 28.09.2018 passed in Cr. Misc. No. 58970 of 2018 and vide order dated 26.11.2018 passed Cr. Misc. No. 67068 of 2018. Lastly, it is submitted that barring one case in which the petitioner is on bail, the petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A. C.J.M.-II, Patna City, in connection with Chowk P.S. Case No. 86 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T