Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17629 of 2023 Arising Out of PS. Case No.-148 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== KARAN KUMAR SON OF MUNNA MANDAL @ MUNNA SINGH @ MUNNA LAL RESIDENT OF VILLAGE - LODI KATRA, POLICE CHOWKI, P.S. - KHAJEKALAN, DISTT. - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code.

The prosecution case, in short, is that on 19.09.2022, the informant (police official), on the basis of received information, found an unclaimed dead body lying in Galla (Jalkumbhi) at Bena Sah ke Bag and his head was covered with plastic sack. He sent the dead body for identification and postmortem at NMCH.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.17629 of 2023(3) dt.17-07-2023 2/3 committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown person. He submitted that during investigation, the petitioner has been implicated in the present case only on the basis of confessional statement of one co-accused Pawan Kumar, which has no evidentiary value in the eyes of law. Save and except suspicion, nothing has come against the petitioner to show his involvement in the present case. No incriminating article has recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by a Coordinate Bench vide order dated 24.06.2023 passed in Cr. Misc. No. 34628 of 2023. Petitioner has got no criminal antecedent and languishing in judicial custody since 20.10.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Patna City, Patna in connection with Mehandiganj

Patna High Court CR. MISC. No.17629 of 2023(3) dt.17-07-2023 3/3 P.S. Case No. 148 of 2022.

(Sunil Kumar Panwar, J) sushma/- U