Basant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31078 of 2022 Arising Out of PS. Case No.-293 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Basant Kumar Son Of Jitendra Ram Resident Of Mohalla - Chamar Toli, Thawe Road, Near V.Mart, Police Station- Gopalganj, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-10-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with a case registered for the offence punishable under Sections 342, 307, 379, 302, 120(B)/34 of the Indian Penal Code.

Allegation against the petitioner is that he along with other co-accused persons surrounded the deceased and thereafter coaccused Chandan Ram and Suraj Kumar stabbed brother of the informant repeatedly, due to which he died.

Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is general and omnibus allegation against

Patna High Court CR. MISC. No.31078 of 2022(2) dt.12-10-2022 2/2 the petitioner. It is further submitted that three other accused persons have been granted bail by a co-ordinate Bench of this High Court, vide order dated 26.08.2019 passed in Criminal Miscellaneous No. 53199 of 2019 (anticipatory bail), order dated 02.09.2019 passed in Criminal Miscellaneous No. 55144 of 2019 (anticipatory bail) and order dated 14.01.2020 passed in Criminal Miscellaneous No. 24 of 2020. Further, it is submitted that the petitioner is in custody since 14.02.2022, charge-sheet has been submitted in the case and has clean antecedent. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No. 293 of 2019.

(Khatim Reza, J) shanu/- U T