Sant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41465 of 2021 Arising Out of PS. Case No.-140 Year-2019 Thana- SHANKARPUR District- Madhepura ====================================================== Sant Kumar Son Of Amod Yadav Resident Of Village - Tengraha, P.S.- Kumarkhand, Distt.- Madhepura.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Shankarpur P. S. Case No.140 of 2019, instituted for the offences under Sections 302, 201, 34, 120(B) of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 21.02.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that the informant alleges that his son (deceased) on 22.08.2019 was in his matrimonial home (sasural) along with his wife. At 11.30 P.M., the deceased along with Sanjeev Kumar and

Patna High Court CR. MISC. No.41465 of 2021(3) dt.21-02-2022 2/3 Santosh Kumar went out of the house. Thereafter on 23.08.2019, the motorcycle of the deceased was found lying in an abandoned condition and on 24.09.2019 at about 1.00 P.M., the deceased's body was recovered from a canal by S.D.R.F. team. The dead body had grievous injury on chest and face and was naked. It is further alleged that the deceased was working in the C.S.P. Centre of the petitioner. Hence, it is alleged that the son of the informant was killed by the named accused persons including the petitioner in conspiracy.

Th learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case based on suspicion. Even the allegation in the F.I.R. suggests that based on suspicion only that the deceased was working in the C.S.P. Centre of the petitioner that the name of the petitioner has transpired.

The learned counsel for the petitioner further submits that co-accused Sanjeev Kumar and Santosh Kumar have been granted bail by order dated 01.10.2020 in Cr. Misc. No.18939 of 2020 with whom it was alleged in the F.I.R. that the deceased had left in the night.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody,

Patna High Court CR. MISC. No.41465 of 2021(3) dt.21-02-2022 3/3 he is a person with clean antecedent, charge-sheet has been submitted in this case and co-accused have been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Madhepura in connection with Shankarpur P. S. Case No.140 of 2019.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T