Umesh Rai @ Umesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33890 of 2024 Arising Out of PS. Case No.-258 Year-2023 Thana- PUNAURA District- Sitamarhi ====================================================== UMESH RAI @ UMESH KUMAR SON OF RAMANAND RAI VILLAGEGOPNATHPUR PS- DUMRAH DIST- SITAMARHI ... ... PETITIONER/S
VERSUS
THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh No. I, Advocate For the Opposite Party/s :
Pushpa Sinha.1, APP For the informant :
Santosh Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 302, 120B and 34 of the Indian Penal Code .
3. As per the prosecution case, on November 18, 2023, at about 11.30 a.m., while the informant was at his house at Village Hopnathpur, he received information that his son Manish Kumar, aged about 22 years, had been killed by co-accused Purushottam. Kumar along with his two to three associates in village Kharka . Informant suspects that this
Patna High Court CR. MISC. No.33890 of 2024(2) dt.22-05-2024 2/3 petitioner, including other co-accused persons, were also involved in committing the murder of his son .
4. Learned counsel for the petitioner submits that petitioner has been made accused in this case only on suspicion. It is the specific case of the informant that there was money dispute between the co-accused Purushottam Kumar and deceased due to which co-accused Purushottam. Kumar committed murder of the deceased. Informant is not the eye witness of the alleged occurrence . Except suspicion, there is no direct or indirect material available on the record to show the complicity of the petitioner in the present case. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts, clean antecedent of the petitioner and other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the ld. CJM, Sitamarhi in connection with Panaura PS case No. 258 of 2023 subject to the conditions laid down under section
Patna High Court CR. MISC. No.33890 of 2024(2) dt.22-05-2024 3/3 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T