Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3768 of 2023 Arising Out of PS. Case No.-180 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== GUDDU KUMAR S/o Suresh Singh R/o Village- Sahadullapur, Ward No. 13, Sadullahpur Satan, District Vaishali- 844102. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 201/ 34 of the Indian Penal Code.

As per prosecution case, some unknown miscreants killed the mother of the informant, when she went to a litchi orchard for collecting the leaves for burning the raw clay utensils. It is further alleged that the informant and his family members spotted blood marks in the litchi orchard and followed the trail and found the dead body of the informant's mother. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is

Patna High Court CR. MISC. No.3768 of 2023(4) dt.06-07-2023 2/2 not named in the FIR and the same has been lodged against unknown person. During investigation, the name of the petitioner has come into light, on the basis of confessional statement of co-accused Raj Kumar @ Raja, which has got no evidentiary value in the eyes of law. Except confessional statement of co-accused, there is no consistent evidence/material come against the petitioner. He is languishing in judicial custody since 01.08.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Gangabridge P.S. Case No. 180 of 2022.

(Sunil Kumar Panwar, J) arish/- U T