Chandan Kumar @ C. D. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8374 of 2023 Arising Out of PS. Case No.-162 Year-2019 Thana- PARSABAZAR District- Patna ====================================================== Chandan Kumar @ C. D. Son Of Murari Prasad Resident Of Village- New Yarpur (Dr. N.C. Gosh Lane), Devi Asthan, P.S.- Gardanibagh, District- Patna ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Ram Prasad For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== 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 filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code and Section 25(1-B)a, 27 of Arms Act.
The prosecution case in nutshell is that informant's son went missing and on intense search informant came to know that body of his son has been found in Chihul Khanda Nigrain.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.8374 of 2023(2) dt.13-04-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner is not named in F.I.R. and his name sprang up in this case on the confessional statement of co-accused, namely, Abhishek Kumar, before the police, which has no evidentiary value in the eye of law. Petitioner has no concern with the alleged occurrence. There is no eye witness of the alleged occurrence. Moreover, the petitioner is languishing in judicial custody since 15.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated various co-accused persons have been granted bail by different co-ordinate Benches of this Court.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,
Patna High Court CR. MISC. No.8374 of 2023(2) dt.13-04-2023 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Parsa Bazar P.S. Case No. 162 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge-cumA.C.J.M. VIII, Patna. (Sunil Kumar Panwar, J) nirajkrs/- U T