Karan Kumar @ Diwakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21997 of 2024 Arising Out of PS. Case No.-270 Year-2022 Thana- DEHRI TOWN District- Rohtas ====================================================== Karan Kumar @ Diwakar Son of Rajesh Singh @ Rajesh Chauhan Resident of Mohalla- Jakki Bigha, P.S.- Dehri (Town), Dist.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in connection with Dehri (T) P.S. Case No. 270 of 2022 registered under sections 302 and 34 of the Indian Penal Code.

3. Prosecution case in short is that the brother of the informant namely, Anwar Ansari was assaulted by unknown miscreants with sharp edged weapon, due to which he succumbed to injury on the way to hospital.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that on the basis of CCTV footage which is installed near the place of occurrence in which, petitioner was seen, he

Patna High Court CR. MISC. No.21997 of 2024(2) dt.20-03-2024 2/2 has falsely been implicated in this case. The petitioner was not named in F.I.R. rather his name came into light in this case on the basis of his confessional statement before the police. There is no consistent material available against the petitioner and also there is no eyewitness of the alleged offence. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 21.2.2023 passed in Cr. Misc. No. 46474 of 2022. He is languishing in judicial custody since 25.7.2023.

5. The application for bail is vehemently opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Dehri (T) P.S. Case No. 270 of 2022 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 Additional District and Sessions Judge-II, Rohtas at Sasaram. (Sunil Kumar Panwar, J) sushma/- U