Patna High Court – Orders
Ashish Kumar vs The State Of Bihar on 28 January, 2025
Author: Ashok Kumar Pandey
Bench: Ashok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73384 of 2024
Arising Out of PS. Case No.-6 Year-2024 Thana- MADHEPURA District- Madhepura
======================================================
Alok kumar S/o Late Subhash yadav R/o vill - Mathahi, P.S.- Madhepura,
Distt. - Madhepura
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 81223 of 2024
Arising Out of PS. Case No.-6 Year-2024 Thana- MADHEPURA District- Madhepura
======================================================
Saurav Kumar @ Saurav Yadav S/ O Ganeshi Yadav @ Ganesh Yadav R/O
Village -Mathahi PS-Madhepura, Dist.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 82614 of 2024
Arising Out of PS. Case No.-6 Year-2024 Thana- MADHEPURA District- Madhepura
======================================================
Ashish Kumar Son of Sikendra Yadav R/O-Village- Pithahi, P.S. and District-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 73384 of 2024)
For the Petitioner/s : Mr.Uday Chand Prasad, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
(In CRIMINAL MISCELLANEOUS No. 81223 of 2024)
For the Petitioner/s : Mr.Sanjay Kumar Singh, Advocate
Mr. Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Pranav Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 82614 of 2024)
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate
Mrs. Bhagyashree Raj, Advocate
Mr. Rachna Rani, Advocate
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
6 28-01-2025
Heard learned counsel for the petitioners and learned
Patna High Court CR. MISC. No.73384 of 2024(6) dt.28-01-2025
2/4
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 147,
341, 323, 302, 307, 504 and 506 of the Indian Penal Code and
Section 27 of the Arms Act.
3. The case of the prosecution is that on the date of
occurrence, Manish Kumar and Shiva Kumar were returning
after attending the court proceedings and as soon as they
reached Panitanki godown near Chandrika Public School,
miscreants started indiscriminate firing. It has been further
alleged that the accused persons including the petitioners herein
armed with pistol surrounded them. It has been further alleged
that Gaurav Kumar fired with his pistol which hit the waist of
Shiva Kumar and when the bike got unbalanced both of them
fell down. After that Alok Kumar (petitioner herein), Ashish
Kumar (petitioner herein), Saurav Kumar (petitioner herein),
Dhiraj Kumar and Md. Jahid made six round firing at Manish
Kumar due to which Manish Kumar received fire arm injuries in
his waist, stomach, chest and temporal region. Thereafter, the
accused persons fled away and also threatened that if they will
file a case, all the family members will be killed. The injured
persons were brought to Sadar Hospital, Madhepura where
Patna High Court CR. MISC. No.73384 of 2024(6) dt.28-01-2025
3/4
doctor declared Manish Kumar dead and another injured, Shiva
Kumar was referred to Medical College, Madhepura for better
treatment.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in
connection with the present case. During the course of
argument, learned counsel for the petitioner submits that during
the course of investigation, one Ashish Kumar son of Bijen
Yadav has given his confessional statement and his confessional
statement, he has stated that he, Gaurav Kumar and Alok Kumar
made indiscriminate firing at Manish Kumar (deceased) due to
which Manish Kumar died at the spot. Learned counsel for the
petitioners, on bare perusal of the FIR, submits that when Shiva
Kumar was accompanying the deceased, Manish Kumar while
returning from Court but from perusal of the entire case diary, it
transpires that though Shiva Kumar is alive, his statement was
not recorded by the police. From perusal of the FIR, it also
transpires that informant is not the eye witness of the occurrence
rather injured and eye witness of this case is Shiva Kumar.
There is nothing except the confessional statement of Ashish
Kumar. In this case, police has already submitted charge sheet.
Moreover, the petitioners are languishing in judicial custody
Patna High Court CR. MISC. No.73384 of 2024(6) dt.28-01-2025
4/4
since 23.07.2024, 02.08.2024 and 26.06.2024 respectively.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioners on
bail. The above named petitioners are directed to be released on
bail in connection with Madhepura P.S. Case No. 6 of 2024 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Madhepura.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
[ad_1]
Source link