Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8410 of 2023 Arising Out of PS. Case No.-301 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== AMIT KUMAR S/O SHIV TANTI @ SHIV NANDAN TANTI Resident of village- Ghat Road Tanti Tola, P.S.- Sultanganj, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 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 302/34 of the Indian Penal Code.

The prosecution story, in brief, is that the informant alleged that on dated 24.8.2022, his younger brother went out after taking meal but did not return. Thereafter, the informant came to know that his brother has been committed murder by the unknown miscreants.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. The name of

Patna High Court CR. MISC. No.8410 of 2023(2) dt.13-04-2023 2/2 the petitioner has transpired in this case due to C.D.R. Report and this fact clearly shows from impugned order itself. There is no any eyewitness of the alleged occurrence and nothing has come against the petitioner during investigation to show his involvement in this alleged offence. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 28.8.2022. 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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sultanganj P.S. Case No. 301 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bhagalpur. (Sunil Kumar Panwar, J) Amandeep/- U T