Prem Kumar @ Prem Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28441 of 2024 Arising Out of PS. Case No.-187 Year-2020 Thana- CHAKAND District- Gaya ====================================================== Prem Kumar @ Prem Chaudhary Sheonath Choudhary Village- Barki Takiya, PS- Chakand, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code.

3. As per prosecution case, eleven accused persons named in the FIR including the petitioner killed the brother of the informant and threw his dead body in a bush.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Petitioner has committed no offence and he has been apprehended merely on the basis of suspicion. General and omnibus allegation of assaulting is levelled against the petitioner. The eleven persons,

Patna High Court CR. MISC. No.28441 of 2024(2) dt.26-04-2024 2/2 who have been made accused in this case but there is no specific overt act against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail application. He is languishing in judicial custody since 2.11.2023.

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 petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XI, Gaya in connection with Chakand P.S. Case No. 187 of 2020. (Sunil Kumar Panwar, J) sushma/- U