Bhupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9530 of 2024 Arising Out of PS. Case No.-167 Year-2023 Thana- SANGRAMPUR District- Munger ====================================================== Bhupesh Kumar Son of Shivjee Singh Resident of Vill.-Tatiya, P.S.- Sangarampur (Tatiya Bambor), Distt.-Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar Jha, Advocate For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP For the informant :
Mr. Jyoti Ranjan Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sangrampur (Tetiabambor) P.S. Case No. 167 of 2023 registered on 03.06.2023 lodged under Sections 302, 201, 379, 120B/34 of the I.P.C. and Section 25(1-B)a, 26(i), 27/35 of the Arms Act.
3. As per the prosecution case, the F.I.R. has been lodged against two named accused persons and others unknown with an allegation of killing the son of the informant by gunshot.
4. Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. From the content of the FIR, it appears that there is only apprehension and suspicion raised against him. On earlier occasions, case diary has been
Patna High Court CR. MISC. No.9530 of 2024(3) dt.16-04-2024 2/3 called for in this case. Counsel further submits that the petitioner is in custody since 13.09.2023 having no criminal antecedent. The other accused has been granted bail by this Hon'ble Court vide order dated 21.03.2024 passed in Criminal Miscellaneous No. 83753/2023.
5. Learned counsel for the State opposes the prayer for bail.
6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that the trial Court at the time of rejecting the bail application of the petitioner has categorically mentioned that the victim was in relation with the wife of one Sudhakar Singh and this petitioner being the brother of Sudhakar Singh was not happy with the deceased's relationship with his bhabhi. This story is supported in the FIR.
7. Upon specific query of the Court, learned counsel for the petitioner submits that the charge has already been framed in this case.
8. Learned counsel for the informant further submits that he shall adduce all the relevant evidence within six months.
9. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named
Patna High Court CR. MISC. No.9530 of 2024(3) dt.16-04-2024 3/3 be released on bail, but only after six months from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Munger in connection with Sangrampur (Tetiabambor) P.S. Case No. 167 of 2023, subject conditions laid down under Section 437 (3) of the Cr.P.C.
(Dr. Anshuman, J) Ashwini/- U T