Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27469 of 2022 Arising Out of PS. Case No.-7 Year-2019 Thana- RAMPUR CHAURAM District- Jehanabad ====================================================== SUNIL KUMAR DUDHESHWAR YADAV @ DUDHESHWAR SINGH R/O- VILL-BASTI BIGHA P.S.- RAMPUR CHAURAM DIST-ARWAL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 302 and 201 read with 34 of the Indian Penal Code and section 27 of the Arms Act. The accusation is that on 12.02.2019 at about 10.00 P.M., Rahul Kumar, the son of the informant Lal Bahadur Singh had gone to see the dance programme at Gram Basti Bigaha. Thereafter, the informant received information that his son was shot in course of seeing the dance programme. Thereafter, when

Patna High Court CR. MISC. No.27469 of 2022(2) dt.08-09-2022 2/3 the informant reached Gram Basti Bigaha, he came to know that his son was shot dead by Sunil Kumar, Sujit Kumar and Ravi Ranjan Singh. At that time, the co-accused had given order to kill the son of the informant and when the son of the informant was killed then Ram Kewal Singh, Shambhu Kumar and Santosh Kuamr Yadav dragged his dead body for a distance of about one kilometer and threw the same in a well to disappear the evidence.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Learned counsel for the petitioner has further submitted that the deceased sustained injury in the right arm as per the inquest report. The petitioner is also accused in two other criminal cases which are not related to murder and dacoity as stated in para 3 of the bail petition. The co-accused person, who had given order to kill the son of the informant, has already been granted bail by a Coordinate Bench of this Court vide order dated 17.09.2019 passed in Cr. Misc. No. 57955 of 2019. The petitioner is in custody since 17.02.2022. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Patna High Court CR. MISC. No.27469 of 2022(2) dt.08-09-2022 3/3 Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Rampur Chauram P.S. Case No. 07 of 2019, with following conditions :-

1. One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

2. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled by the concerned Court.

The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T