Rupesh Kumar @ Golu @ Golu Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74364 of 2022 Arising Out of PS. Case No.-455 Year-2021 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Arun Kumar Yadav @ Arun Yadav Son Of Sanjay Yadav @ Sanjay Kumar Yadav Resident Of Village- Mahadah, P.S.- Buxar (Mufassil), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivanand Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, informant alleged that on 20.12.2021, petitioner along with co-accused persons killed her son due to money altercation.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.74364 of 2022(3) dt.19-04-2023 2/3 falsely been implicated in this case merely on the basis of suspicion. There is no specific allegation of murder against the petitioner and he has no concern with the co-accused persons. Not a single witness supported the prosecution version and no consistent material has been found against him. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 03.08.2022 passed in Cr. Misc. No. 18505 of 2022. It is further submitted that the petitioner has got no criminal antecedent moreover, he is languishing in judicial custody since 10.03.2022.

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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Buxar (Muffasil) P.S. Case No. 455 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.74364 of 2022(3) dt.19-04-2023 3/3 District and Sessions Judge-4, Buxar.

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