Amarnath Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33099 of 2024 Arising Out of PS. Case No.-641 Year-2023 Thana- DHANARUA District- Patna ====================================================== AMARNATH KUMAR SON OF LAV KUSH SAV RESIDENT OF VILLAGE - BAURHI, P.S. - DHANARUA, DISTRICT - PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lallu Prasad, Advocate For the Opposite Party/s :
Mr. Binod Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2024 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in connection with Dhanarua P. S. Case No. 641/2023 in a case registered for the offences punishable under Sections 363, 365 of the Indian Penal Code to which Sections 302 and 201 of the Indian Penal Code were added later on.
3. F.I.R. has been registered against unknown for kidnapping and thereafter, committing murder of son of the informant.
4. It is submitted that petitioner is not named in the F.I.R. and his name transpired during course of investigation on the basis of confessional statement of co-accused person and except the same there is no other material available on record to show his complicity in the present case. It is next submitted that
Patna High Court CR. MISC. No.33099 of 2024(3) dt.21-06-2024 2/2 no one has claimed to have seen the alleged occurrence. It is further submitted that similarly situated co-accused, namely, Kundan Kumar, has already been granted bail by this Hon'ble Court vide order dated 17.05.2024 passed in Cr. Misc. No. 25165 of 2024. Charge-sheet has already been submitted. Petitioner claims clean antecedent and he is in custody since 20.10.2023.
5. Learned A.P.P. for the State vehemently opposes the bail application.
6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner 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 Judicial Magistrate, 1st Class, Masaurhi, Patna in connection with Dhanarua P. S. Case No. 641 of 2023.
(Prabhat Kumar Singh, J) Navya/- U T