Jyotish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20860 of 2024 Arising Out of PS. Case No.-269 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== JYOTISH KUMAR SON OF SALENDRA KUMAR @ SHAILENDRA SHARMA RESIDENT OF VILLAGE - ITEHARI WARD NO.09, POLICE STATION - ALAMNAGAR, DISTRICT - MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmatma Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-05-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Beldour P.S. Case No.269 of 2023 registered for the offence under Section 302/120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Allegation against the petitioner is to have committed murder of the son of the informant along with other co-accused persons.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that it appears from perusal of FIR that the allegation against this petitioner is

Patna High Court CR. MISC. No.20860 of 2024(3) dt.17-05-2024 2/2 of conspiracy in committing murder of son of the informant and there is no eye-witness to the present occurrence. It is also submitted that nothing has been surfaced during course of investigation, which may connect this petitioner with the present set of occurrence. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 05.10.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner and as it appears from perusal of FIR and case diary that allegation against this petitioner is of conspirator in the present occurrence and there is no eye-witness to the present occurrence, let the petitioner, above named, is directed to be released on bail in connection with Beldour P.S. Case No.269 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria.

(Ramesh Chand Malviya, J) S.Katyayan/- U T