Patna High CourtCR. MISC./22795/2023bail granted

Vibhash Kumar v. The State Of Bihar

2023-05-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22795 of 2023 Arising Out of PS. Case No.-57 Year-2021 Thana- KURSAILA District- Katihar ====================================================== VIBHASH KUMAR S/O SHEKHAR MANDAL R/O Village- Muradpur Majoliya, P.S- Kursela, Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kursela P.S. Case No. 57 of 2021 registered for the offence under Sections 302/ 34 of the Indian Penal Code. As per the prosecution case, the sister of the deceased Akhilish Kumar states that on 18.04.2021, co-accused Chhotu Kumar and the petitioner called out her brother and it is alleged that due to old enmity her brother was killed and his dead body was thrown near H.P. Petrol Pump, Dumar. It is alleged that incident was reported by one labour Santosh Kumar working at the said Petrol Pump. She reached at the place of

Patna High Court CR. MISC. No.22795 of 2023(2) dt.17-05-2023 2/2 occurrence and saw the dead body of her brother lying there. Learned counsel for the petitioner submits that the petitioner is in custody since 25.01.2023 and the petitioner has no criminal antecedent and the petitioner is quite innocent. Learned A.P.P. has vehemently opposed the prayer for bail.

It has come during investigation that the deceased died in a road accident and co-accused Chhotu Kumar has been granted bail vide order dated 22.09.2022 in Cr. Misc. No. 34221/2022 (Annexure-II).

Considering the aforesaid facts, this application for regular bail is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Katihar/concerned Court below in connection with Kursela P.S. Case No. 57 of 2021.

(Sandeep Kumar, J) Shishir/- U T