Patna High Court/14278/2023bail granted

Santosh Kumar v. The State Of Bihar

2023-07-28Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14278 of 2023 Arising Out of PS. Case No.-357 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== Santosh Kumar S/O Ashok Kumar R/O Mohalla- Kujapi, P.S.- Chandauti, District- Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanket For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chandauti P.S. Case No. 357 of 2022 registered for the offence under Sections 302, 201/34 of the Indian Penal Code and under Section 25(1-b)a, 26, 27 of the Arms Act.

3. As per the prosecution case, one unknown dead body was recovered, F.I.R. was registered against unknown and the deceased was shot dead.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 29.08.2022 and he used to help the mother of the deceased as the deceased was staying in Ludhiyana.

5. Learned A.P.P. has vehemently opposed the

Patna High Court CR. MISC. No.14278 of 2023(3) dt.28-07-2023 2/3 prayer for bail.

6. I have considered the submissions of the parties.

7. During investigation, Nitish Kumar and Rohit Kumar have been arrested. The pistol used in the crime has been recovered from Nitish Kumar.

8. It has also come during investigation that Rohit Kumar had developed illicit relation with the wife of the deceased and the wife of the deceased has hired the services of Nitish Kumar and Rohit Kumar for killing the deceased.

9. The wife of the deceased was having illicit relationship with many persons and the petitioner is not involved in the killing of the deceased.

10. The mother of the deceased has filed an affidavit saying that her daughter in law had got her son killed with the help of Nitish Kumar and Rohit Kumar and the petitioner is innocent and has falsely been implicated in this case.

11. Considering the affidavit/statement of the mother of the deceased, this application for regular bail is allowed.

12. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

Patna High Court CR. MISC. No.14278 of 2023(3) dt.28-07-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, Gaya/concerned Court below in connection with Chandauti P.S. Case No. 357 of 2022. (Sandeep Kumar, J) Shishir/- U T