Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27589 of 2023 Arising Out of PS. Case No.-662 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== 1.

SONU KUMAR S/O RAVINDRA PASWAN R/O Mohalla- Taregana Dih, Masaudhi, P.S- Masaudhi, Distt.- Patna.

2.

Monu Kumar S/O Ravindra Paswan R/O Mohalla- Taregana Dih, Masaudhi, P.S- Masaudhi, Distt.- Patna.

3.

Sunny Kumar S/O Ravindra Paswan R/O Mohalla- Taregana Dih, Masaudhi, P.S- Masaudhi, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Archana Sinha @ Archana Shahi For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 302, 201, 120B, 436, 427 and 34 of the Indian Penal Code.

3. The allegation against the petitioners along with others is of committing murder of relative of the informant namely, Shanti Devi and Amrendra Kumar by putting them on fire along with other co-accused persons.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to

Patna High Court CR. MISC. No.27589 of 2023(5) dt.20-09-2023 2/3 dirty village politics. They have committed no offence. Informant is not an eye-witness of the alleged occurrence. The petitioners have no concern with the alleged occurrence and has not played any role in the incident rather their name has been dragged by the informant only to grab the property of pattidars. He submitted that the entire allegation is based upon suspicion and nothing surfaced during course of investigation, which may connect these petitioners with the aforesaid occurrence. There is no specific overt act against these petitioners. He further submitted that the others co-accused have already been granted bail by a Co-ordinate Bench vide order dated 29.08.2022 passed in Cr. Misc. No. 23802 of 2022. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 04.01.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.27589 of 2023(5) dt.20-09-2023 3/3 satisfaction of the learned Court below in connection with Naubatpur P.S. Case No. 662 of 2021.

(Sunil Kumar Panwar, J) arish/- U