Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77901 of 2019 Arising Out of PS. Case No.-178 Year-2019 Thana- BIKRAM District- Patna ====================================================== KISHAN KUMAR, Son of Sri Jitendra @ Jitendra Kumar, Resident of Village - Gorakhari, P.S.- Bikram, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pathak For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 384, 307, 353, 337, 338 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that in brief, one SI, Subhash Tiwary, who happened to be the informant of this case, lodged the aforesaid FIR alleging therein that on 10.06.2019 while he along with others were in evening patrolling, got secret informant that Golu and other criminals is demanding extortion from the businessmen in Bikram market. On this information, he informed the said information to his superior officials, raid was conducted and during course of raid he reached near

Patna High Court CR. MISC. No.77901 of 2019(2) dt.29-11-2019 2/3 Prachar Electronics on 11.06.2019 at about 7.45 A.M. At that time two bike born criminals, in which three persons were seated on Apache Motorcycle and three persons seated on another Motorcycle came there and stated indiscriminate firing upon them but any how they saved. Thereafter, persons assembled in the mob disclosed the names of the miscreants as Golu Kumar, Jogi @ Priyanshu @ Gabbar, Sethhi, Harsh @ Mangle, Kishan Kumar (petitioner) and Harendra Kumar. It is also disclosed that they were creating terror in the Bikram market for collecting extortion from the businessmen after giving pressure upon them. They are also threatening them, if extortion would not be fulfilled, they will be killed.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to local politics. There is no specific allegation against the petitioner rather, there is general and omnibus allegation against the petitioner. There is no any cogent evidence against the petitioner on the record. The petitioner is in custody since 21.08.2019 and has got clean antecedent.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of

Patna High Court CR. MISC. No.77901 of 2019(2) dt.29-11-2019 3/3 the like amount each to the satisfaction of the learned A.C.J.M.- VI, Danapur, District-Patna, in connection with Bikram P.S. Case No. 178 of 2019. The court below to verify the criminal antecedent of the petitioner.

(Anjani Kumar Sharan, J) amitkumar/- U T