Patna High CourtCR. MISC./9004/2023allowed

Sunil Chaudhary @ Sunil Kumar Chaudhary v. The State Of Bihar

2023-07-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9004 of 2023 Arising Out of PS. Case No.-107 Year-2022 Thana- KURSAKANTA District- Araria ====================================================== SUNIL CHAUDHARY @ SUNIL KUMAR CHAUDHARY Son of Kamdev Chaudhary R/o Ghat Chikni, Ward No.- 14, P.S.- Kursakanta, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Giri For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 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 302/34/120B of the Indian Penal Code.

As per FIR, the allegation against accused persons is that they committed murder of the informant's son. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. The petitioner is not named in the FIR, except suspicion nothing consistent evidence has been found against him. He has got no criminal antecedent. It is further submitted that

Patna High Court CR. MISC. No.9004 of 2023(3) dt.05-07-2023 2/2 there is no specific allegation of committing murder attributed against the petitioner. Moreover, he is languishing in judicial custody since 02.11.2022.

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 Kursakanta P.S. Case No. 107 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 Additional Chief Judicial Magistrate-III, Araria, District Araria. (Sunil Kumar Panwar, J) Manishkumar/- U T