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Patna High CourtCR. MISC./6000/2022bail granted

Sunil Kumar @ Monu @ Budhwa v. The State Of Bihar

2022-06-13Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6000 of 2022 Arising Out of PS. Case No.-31 Year-2021 Thana- ARWAL District- Jehanabad ====================================================== Sunil Kumar @ Monu @ Budhwa S/o Ram Pravesh Yadav Resident of Village- Fatehpur, P.S.- Paliganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within four weeks from today.

The petitioner seeks regular bail in connection with Arwal P.S. Case No. 31 of 2021 instituted for the offences punishable under Sections 302 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 07.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. The prosecution case in short is that the informant has lodged a written application to the police alleging that on 21.01.2021 at about 07:00 pm in the evening, Sachidanand Singh and Amlesh Kumar have told that he will murder Chhotan

Patna High Court CR. MISC. No.6000 of 2022(2) dt.13-06-2022 2/3 Singh (deceased) within a week. On 29.01.2021 at about 01:30 pm, Chhotan Singh went at village Darbeshpur hearing the natural death of maternal grandmother (Nani) of the informant and after returning from there, he was going at his newly constructed house for sleeping in the way in middle of street Sachinand Singh and Amlesh Kumar, Ashok Kumar, Sanjay Singh and Manoj Kumar and Rajdeo Singh taken away the victim and killed him.

Learned counsel for the petitioner submits that the petitioner is innocent, he is not named in the F.I.R and has been made accused only on the basis of suspicion. It is also submitted that there is no eye-witness of the alleged occurrence and there is specific allegation against the F.I.R. named accused persons and motive of the occurrence has been mentioned in the F.I.R. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 07.06.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.6000 of 2022(2) dt.13-06-2022 3/3 C.J.M., Arwal, Jehanabad in connection with Arwal P.S. Case No. 31 of 2021.

(Khatim Reza, J) Gaurav Kumar/- U T