Purushottam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75322 of 2019 Arising Out of PS. Case No.-288 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Purushottam Kumar Son of Rajkumar Thakur Resident of - Khorampur, P.S.- Matihani, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 147/148/149/302 of the Indian Penal Code and Section 27 of the Arms Act. According to FIR, initially co-accused Sudarshan Rai made indiscriminate firing at Rajeev Rai as a result whereof Rajeev Rai sustained injury and fell down. Thereafter, the petitioner and one Lalo Rai also fired on Rajeev Rai indiscriminately which resulted in death of Rajeev Rai. The doctor has found four fire-arm injuries on the person of the deceased.

Learned counsel for the petitioner submits that in fact

Patna High Court CR. MISC. No.75322 of 2019(3) dt.05-03-2020 2/2 the informant does not appear to be an eyewitness of the occurrence. Even firing of one of the person which was indiscriminate must have caused the four injuries and others were implicated just to harass in this case. The petitioner is in custody since 24.07.2019. Investigation of the case is already complete.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Begusarai Muffasil P.S. Case No.288 of 2019, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T