Tuntun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23296 of 2024 Arising Out of PS. Case No.-116 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Tuntun Kumar Son of Om Prakash Ram @ Bhola Ram Resident of VillageAgarwa, P.S.- Jitna, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 120 (B) of the Indian Penal Code.

3. As per prosecution case, the son of the informant namely, Sujeet Kumar is alleged to have been murdered by unknown miscreant and was hanged on a mango tree. After seeing mobile of the deceased, he was continuously talking to two mobile numbers. Thereafter, it is alleged that the owner of the mobile Nos. might killed the son of the informant.

Patna High Court CR. MISC. No.23296 of 2024(2) dt.04-04-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather and the name of petitioner sprang up in this case on the basis of his self confessional statement. Petitioner in remanded in this case from Ghorasahan P.S. Case No. 68 of 2023. The petitioner has no concern with the mobile numbers in question. There is no eye witness of the alleged offence. Moreover, the petitioner is languishing in judicial custody since 22.09.2023. Similarly situated co-accused Munna Kumar has already been granted bail vide order dated 19.09.2023, passed in Cr. Misc. No. 51946 of 2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ghorasahan (Jitna) P.S. Case No. 116 of 2023 on furnishing bail bond of

Patna High Court CR. MISC. No.23296 of 2024(2) dt.04-04-2024 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge XIII, East Champaran, Motihari. (Sunil Kumar Panwar, J) Nirajkrs/- U T