Prince Kumar @ Rocky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9125 of 2023 Arising Out of PS. Case No.-793 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== PRINCE KUMAR @ ROCKY S/O SHRI NARAYAN PODDAR Resident of village- Malgodam Road Ward No.- 2, P.S.- Khagaria, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S.D. Sanjay, Sr. Adv.

Mr. Lokesh Kumar, Adv.

For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Khagaria Chitragupta Nagar P.S. Case No. 793 of 2022 (G.R. No. 2130 of 2022) dated 02.08.2022 registered for the offences punishable under sections 363, 365, 120B and later on added sections 304, 313 and 201 of

Patna High Court CR. MISC. No.9125 of 2023(2) dt.29-04-2023 2/3 the Indian Penal Code.

As per the prosecution case, the informant has full confidence that the co-accused persons namely, Vikash Kumar @ Vicky, Narayan Poddar and Tannu Devi abducted the informant's wife under conspiracy.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of one Purshottam Kumar @ Munna Kumar who has stated the modus operandi as to how the occurrence took place with the association of the petitioner. Learned counsel has further submitted that there is no eye witness in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.10.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that her dead body was found in the river.

Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand)

Patna High Court CR. MISC. No.9125 of 2023(2) dt.29-04-2023 3/3 with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Khagaria Chitragupta Nagar P.S. Case No. 793 of 2022 (GR No. 2130 of 2022).

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T