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Patna High CourtCR. MISC./28079/2020bail granted

Akash Kumar v. The State Of Bihar

2021-01-25Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28079 of 2020 Arising Out of PS. Case No.-113 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== AKASH KUMAR Son of Late Sachchidanand Singh Resident of VillageStation Road, Warsaliganj, P.S.- Warsaliganj, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-01-2021 Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of I.P.C. According to FIR, someone called to the husband of the informant on mobile. Thereafter, husband of the informant left the house at 9.00 P.M. and he did not return till late night rather in the morning, his dead body was found. Murder was committed. Suspicion was raised against co-accused-Irfan Khan and Murshid Khan.

During investigation, co-accused-Vishal Kumar confessed before the police that he had developed illicit relation with the informant, hence, he finished to the husband of the informant with the help of this petitioner.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.28079 of 2020(3) dt.25-01-2021 2/2 besides confessional statement of co-accused before the police while in police custody, there is no other material against the petitioner. Petitioner has got no criminal antecedent. He is in custody since 18.04.2018. Investigation of the case is already complete.

Considering the facts of this case aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No.260/2018/97/2018 arising out of Warsaliganj Police Station Case No.113 of 2018 with following conditions: (a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T