Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23880 of 2023 Arising Out of PS. Case No.-332 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== SUDHANSHU KUMAR Son of Gopal Yadav R/V- Sukhasan P.sKumarkhand Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Kumarkhand P.S. Case No. 332 of 2022 dated 22.09.2022 registered for the offences punishable u/s 302, 120B, 201 read with section 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the coaccused persons in connivance with one another are alleged to have murdered the informant's nanad, Chameli Devi with the

Patna High Court CR. MISC. No.23880 of 2023(2) dt.23-05-2023 2/3 sharp-edged weapon as well as blunt weapons.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the son of the brother-in-law of the deceased's husband. There is no eye-witness in this case. It is further submitted that there was love affair between the petitioner and the deceased. The name of the petitioner has surfaced in this case on mere suspicion. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.09.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Kumarkhand P.S. Case No. 332 of 2022, with the condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.23880 of 2023(2) dt.23-05-2023 3/3 cause, the bail bonds of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T