Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12037 of 2023 Arising Out of PS. Case No.-332 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== Suman Kumar, aged about 23 years, Male, son of Bijendra Yadav, resident of Village- Lakshmipur, Chandi Asthan, P.S.- Kumarkhand, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Wasi Ahmad Khan, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Kumarkhand PS Case No. 332 of 2022 dated 22.09.2022, instituted for the offence punishable under Sections 302, 120-B, 201/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he under conspiracy with other co-accused has committed murder of the sister-in-law (Nanad) of the informant.

4. Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner. There is no eye witness of the occurrence and only on suspicion the petitioner has been made accused in this case. Learned counsel further submits that charge-sheet has been submitted

Patna High Court CR. MISC. No.12037 of 2023(2) dt.15-05-2023 2/2 and the petitioner is in custody since 23.09.2022 having clean antecedents. Learned counsel further submits that the petitioner is living separately from the family of the deceased. Lastly, it is submitted that similarly situated two co-accused, Manju Devi and Kanaklata Devi, have been granted bail by co-ordinate Benches of this Court on 10.05.2023 vide Cr. Misc. No. 13931 of 2023 and Cr. Misc. No. 15076 of 2023 respectively.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and the fact that similarly situated co-accused have been already been granted bail, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrte-II, Madhepura, in Kumarkhand PS Case No. 332 of 2022.

(Khatim Reza, J) J. Alam/- U T