Patna High CourtCR. MISC./33174/2023bail granted

Sumit Kumar v. The State Of Bihar

2023-07-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33174 of 2023 Arising Out of PS. Case No.-80 Year-2022 Thana- ATRI District- Gaya ====================================================== Sumit Kumar Son Of Surendra Prasad @ Saryug Mahto R/O-Sundra, P.S.- ROH, Distt.-Nawada ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Senior Advocate Mr. Deep Nishi, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 302/201 of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including the petitioner committed murder of the husband of the informant in the background of matrimonial discord.

4. Informant is not the eye witness of the occurrence and only on suspicion petitioner has falsely been implicated in this case. Petitioner happens to be brother of the lady who has been married with the brother of the informant. Co-accused Rajendra Mahto @ Rajendra Prasad Verma, with similar allegation, has already been allowed pre-arrest bail by a coordinate bench of this Court vide order passed in Cr.Mis.No.

Patna High Court CR. MISC. No.33174 of 2023(2) dt.24-07-2023 2/2 73311/2022. Petitioner is a student and claims clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate XIII, Gaya in Atari Police Station Case No. 80 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T