Patna High CourtCR. MISC./11560/2023allowed

Anil @ Anil Kumar v. The State Of Bihar

2023-05-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11560 of 2023 Arising Out of PS. Case No.-704 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== ANIL @ ANIL KUMAR S/O Manoj Sah R/O Village- Bijulpur, P.STurkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 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.

The allegation against the petitioner along with co-accused persons is that by stabbing they committed murder of the informant's brother.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused, namely, Shilpi

Patna High Court CR. MISC. No.11560 of 2023(3) dt.11-05-2023 2/2 Kumari. There is no specific allegation of stabbing is attributed against the petitioner rather general and omnibus allegation attributed against him. The informant is not an eye witness of the alleged occurrence. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.11.2022. 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 Muffasil P.S. Case No. 704 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 Chief Judicial Magistrate, Motihari, East Champaran.

(Sunil Kumar Panwar, J) Manish/- U T