Saurabh Kumar v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 120(B), 147, 148, 149, 302
- Arms Act, 1959
Judgment
Arising Out of PS. Case No.-206 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Vivek Kumar @ Vivek Yadu Vanshi @ Vivek Yeduvanshi S/O Janardhan Yadav @ Janardan Yadav R/O Village - Shahpur, Ward No 5, P.S. - Saharsa Sadar, District - Saharsa. The State of Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 11330 of 2024) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 27477 of 2024) For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR Mr. Amarnath Jha Mr. Uma Shankar Prasad Singh Mr. Amarnath Jha Mr. Ram Naresh Ray 3 02-05-2024 Heard learned counsel for the petitioners and learned ORAL ORDER APP for the State.
The petitioners seek regular bail in connection with Saharsa Sadar P.S. Case No. 206 of 2023 registered for the offence under Sections 147, 148, 149, 302, 120(B) of the IPC Patna High Court CR. MISC. No.11330 of 2024(3) dt.02-05-2024 and Sections 25(1-B)a, 26, 35, 27 of Arms Act.
As per prosecution case, it is alleged that the FIR named accused persons along with other unknown shot dead the prisoner Prabhakar Kumar in court premises.
Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Although the petitioners are named in the FIR, they were not apprehended on spot. Their names were disclosed by co-accused Alok Kumar. No any incriminating article has been recovered from conscious possession of the petitioners. It is further submitted that the petitioners are languishing in judicial custody since 3.4.2023. Other co-accused Himanshu Kumar @Lalu Yadav has already been enlarged on bail by this Court vide order dt. 6.12.2023 passed in Cr. Misc. No. 77371 of 2023.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Saharsa Sadar P.S. Case No. 206 fo Patna High Court CR. MISC. No.11330 of 2024(3) dt.02-05-2024 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Saharsa. (Sunil Kumar Panwar, J) amandeep/- U
Precedent status how later indexed judgments have treated this case
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