Mrityunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29288 of 2023 Arising Out of PS. Case No.-473 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Mrityunjay Kumar Son Of Krishna Nandan Prasad Village Saidipur Post Office Badi ,Police Station Katrisarai, District Nalanda at Biharsharif. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Fatehpur P.S. Case No. 473 of 2022 registered on 23.07.2022 lodged under Sections 324, 307, 387and 34 of the I.P.C. under As per the prosecution case, F.I.R. has been lodged against two unknown accused persons, against whom the allegation of firing upon the informant's establishment is there. Learned counsel for the petitioner submits that the name of the petitioner has figured by virtue of confessional statement of the co-accused.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.29288 of 2023(2) dt.08-06-2023 2/3 petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 03.11.2022 having four criminal cases pending against him, in which he is persuading for bail in all the four cases. Counsel submits that nothing incriminating has been recovered from the petitioner's possession.

Learned counsel for the State opposes the prayer for bail and there are four criminal cases pending against the petitioner, which are of similar nature, therefore, at the time considering the bail application, the said aspect may be taken into consideration.

In response, counsel for the petitioner submits that in paragraph-3, he has categorically mentioned that all the four cases has been lodged against the petitioner within a period of 10 days from the lodging of the first case, which shows the strange attitude of the police towards him.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-Xth, Gaya in connection with Fatehpur P.S. Case No. 473 of 2022, subject

Patna High Court CR. MISC. No.29288 of 2023(2) dt.08-06-2023 3/3 to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T