Deepu Kumar @ Sandip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21846 of 2019 Arising Out of P.S. Case No.-12 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== DEEPU KUMAR @ SANDIP KUMAR (Male), aged about- 30 years, Son of Yugal Kishore Prasad @ Yugal Kishore Sao Resident of Village - Mohalla Abgilla Devi Asthan, Manpur, P.s.- Muffasil, District.- Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manish Kumar No.2, Advocate For the Opposite Party :

Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner, learned counsel for the Informant and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 302, 201 and 34 of the Indian Penal Code.

The prosecution case is that on account of previous enmity, the informant's brother was killed by the accused persons including the present petitioner by way of slitting the neck of the deceased.

It is submitted on behalf of the petitioner that save and except suspicion, there is no eye witness to the alleged occurrence against the petitioner. It is further submitted that the

Patna High Court CR. MISC. No.21846 of 2019(4) dt.23-07-2019 2/2 petitioner has falsely been implicated due to previous enmity. It is further submitted that deceased was in love affair with some girl and due to which he might have been killed by the family members as well as well-wishers of the girl. Petitioner has got no criminal antecedent and no incriminating material has been recovered from the possession of the petitioner. Considering the facts aforesaid, let the above named petitioner be released on bail in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya/successor Court in connection with Muffasil P.S.Case No.12 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Prabhat Kumar Singh, J) B.Kr./- U T