Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19522 of 2023 Arising Out of PS. Case No.-182 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1.

Ashish Kumar Son Of Late Bhokhan Bind @ Chandradeo Bind @ Bhakal Bind @ Vokaran Bind Resident Of Village - Dilgauri, (BIND Tola), P.S. - Sultanganj, Distt. - Bhagalpur 2.

Umabind @ Om Kumar Son Of Late Bhokhan Bind @ Chandradeo Bind @ Bhakal Bind @ Vokaran Bind Resident Of Village - Dilgauri, (BIND Tola), P.S. - Sultanganj, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

As per FIR, the allegation against the accused persons including these petitioners is that they committed murder of the informant's son.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to previous enmity. They have got no criminal antecedent. There is no eye witness

Patna High Court CR. MISC. No.19522 of 2023(3) dt.06-07-2023 2/2 of the alleged occurrence, the informant was also not an eye witness. There is no specific allegation of committing murder attributed against the petitioners. During investigation, no independent witness specifically stated about the complicity of the petitioners in this alleged occurrence. It is further submitted that the petitioners are languishing in judicial custody since 18.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Sultanganj P.S. Case No. 182 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-XI, Bhagalpur. (Sunil Kumar Panwar, J) lata/- U T