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Patna High CourtCR. MISC./30581/2023allowed

Chandan Kumar v. The State Of Bihar

2023-06-14Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30581 of 2023 Arising Out of PS. Case No.-47 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== Chandan Kumar, Son of Ghuto Yadav @ Balbir Yadav Resident of VillageLakhochak, P.S.- Kiul, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Kiul P.S. Case No. 47 of 2022, registered for the offence punishable under Sections 302 / 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, named accused persons, namely, Karu Kumar, Dilkhush Kumar and Ravi Kumar fired bullet on the victim and as a result of which he died. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and his name has been transpired on confessional statement of co-accused Karu Kumar. The petitioner and the informant are resident of the same village and the informant has not identified the petitioner. Except the

Patna High Court CR. MISC. No.30581 of 2023(2) dt.14-06-2023 2/2 confessional statement of co-accused there is nothing material against the petitioner who is in jail custody since 16.11.2022. The petitioner has no criminal antecedent and due to village politics he has been implicated in this case. Charge sheet has already been submitted in this case and there is no chance of absconding of the petitioner or tampering with the evidence. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Kiul P.S. Case No. 47 of 2022.

(Sunil Dutta Mishra, J) saurabhkr/- U T