Patna High CourtCR. MISC./32043/2024allowed

Suraj Kumar @ Suraj Prasad v. The State Of Bihar

2024-05-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32043 of 2024 Arising Out of PS. Case No.-442 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== Suraj Kumar @ Suraj Prasad Son Of Late Birju Prasad Resident Of VillageKajipur Road No. 04, Ps- Kadamkuan, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 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 section 302 of IPC and 27 of the Arms Act.

3. It is a case of commission of murder of the nephew of the informant by opening fire by unknown miscreants.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of co-accused Md. Vilal. Nothing consistent material has found against the petitioner in respect of commission of murder of the informant's nephew. Similarly

Patna High Court CR. MISC. No.32043 of 2024(3) dt.16-05-2024 2/2 situated other co-accused persons have already been granted bail by this Court vide order dated 01.02.2024 in Cr. Misc. No. 84190 of 2023 and order dated 15.05.2024 in Cr. Misc. No. 23361 of 2024. Moreover, the petitioner is languishing in judicial custody since 11.09.2023.

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 of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kadamkuan P.S. Case No. 442 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, XIIIth, Patna. (Sunil Kumar Panwar, J) Shubham/- U T