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Patna High CourtCR. MISC./26233/2021bail granted

Pritam Kumar v. The State Of Bihar

2021-12-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26233 of 2021 Arising Out of PS. Case No.-253 Year-2020 Thana- MURLIGANJ District- Madhepura ====================================================== PRITAM KUMAR SON OF LAWAN YADAV R/O VILLAGEMADHEPURA, WARD NO 5 P.S AND DIST- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201 and 34 of the Indian Penal Code.

As per the prosecution case, the brother of the informant who worked as a driver informed the informant on telephone that he has reached the passengers. Later his brother could not be contacted. Subsequently his dead body was found and identified by the informant.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The petitioner has been falsely implicated in the case on the basis of confessional statement of the petitioner himself in one another case. There

Patna High Court CR. MISC. No.26233 of 2021(3) dt.21-12-2021 2/2 are no eye witness to the alleged occurrence. No incriminating article has been recovered from the petitioner's possession. He is in custody since 5.10.2020 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material which has transpired in course of investigation and the petitioner having remained in custody for over 1 year, the petitioner is directed to be enlarged on bail in connection with Murliganj P.S. Case no. 253 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura.

(Partha Sarthy, J) Spd/- U T