Udit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19427 of 2023 Arising Out of PS. Case No.-1092 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== Udit Kumar S/O Brija Kaji R/O Village- Turkauliya, Police StationMatiyariya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

It is alleged by the informant that the petitioner and co-accused Pushp Raj have killed the daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.19427 of 2023(4) dt.21-08-2023 2/3 been implicated in this case. There is no eye witness to the occurrence. The petitioner has been made accused in this case since the petitioner and the deceased were known to each other. During investigation, no material evidence has been collected against the petitioner to connect the petitioner with the present offence and the petitioner has been made accused only on the basis of suspicion. The petitioner is languishing in custody since 25.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with

Patna High Court CR. MISC. No.19427 of 2023(4) dt.21-08-2023 3/3 Bettiah Muffasil Banuchhapar P.S. Case No. 1092 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T