Veeru @ Sunny Kumar @ Sunny v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.843 of 2020 Arising Out of PS. Case No.-715 Year-2019 Thana- PATRAKARNAGAR District- Patna ====================================================== VEERU @ SUNNY KUMAR @ SUNNY Son of Anil Singh R/o Village - Karjaan, P.S. - Athmalgola, District - Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh For the Opposite Party/s :
Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-05-2020 Heard Mr. Krishna Kant Singh, learned counsel for the petitioner and Mr. Mohammed Arif, learned counsel appearing for the State, through video conferencing. The petitioner seeks regular bail in connection with Patrakar Nagar P.S. Case No. 715 of 2019, registered for the offence punishable under Section 302/34 of the Indian Penal Code and Sectio0n 27 of the Arms Act.
Prosecution case as per the First Information Report is that on 07.09.2019 at about 8 O clock in the night, the informant got a phone call that his son namely, Ayush Anand @ Naydu has been killed by some unknown persons. The informant proceeded towards the place of occurrence and found that the dead body of his son was lying in a room in the house of one Shashi Bhushan.
Learned counsel for the petitioner submits that petitioner
Patna High Court CR. MISC. No.843 of 2020(5) dt.28-05-2020 2/3 is not named in the FIR and has falsely been implicated in this case merely on the basis of the fact that he happened to be the good friend of the deceased and was living together with the deceased prior to his death. Learned counsel further submits that during the course of investigation, no cogent material has come against the petitioner and the only material which has come is that deceased as well as the petitioner used to appear in the examination for the sake of other candidates on payment basis. Learned counsel further after referring to para-15 of the case diary submits that from perusal of the same, it would be evident that friend of the deceased has stated that the dead body of the deceased was found locked inside the room.
Learned counsel for the petitioner, after referring to para-3 of the case diary which is inquest report of the deceased, submits that deceased was found holding trigger of a pistol in his hand by the police. Learned counsel thus submits that it was a case of suicide and the petitioner has falsely been implicated in this case. Petitioner is in custody since 16.09.
Patna High Court CR. MISC. No.843 of 2020(5) dt.28-05-2020 3/3 due to a girl namely, Ms. Saloni Gupta.
Having regard to the submissions made by the parties and taking into consideration the fact that dead body of the petitioner was found locked in the room of one Shashi Bhushan and the petitioner is not named in the FIR and the petitioner is in custody since 16.09.2019, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Abhishek Ranjan, Sub Judge VII-cumA.C.J.M., Patna, in connection with Patrakar Nagar P.S. Case No. 715 of 2019.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) sanjeev/- U T