Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32722 of 2020 Arising Out of PS. Case No.-90 Year-2019 Thana- SUIYA District- Banka ====================================================== Ashish Kumar, aged about 20 years, Male, Son of Rabindra Pandit, Resident of Saray, P.S.- Sangrampur, District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh For the Opposite Party/s :

Mrs. Meena Singh , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-01-2021 Heard Mr. Ajit Kumar Singh, learned counsel for the petitioner and Mrs. Meena Singh, learned counsel appearing for the State.

Petitioner seeks regular bail in connection with Suiya P.S. Case No. 90 of 2019 registered for the offence under Sections 302 / 201 / 34 of the I.P.C.

The allegation as per the First Information Report is that the Village Chaukidar found the dead body of a woman aged bout 32 years in a bush and the name of the petitioner has transpired on the basis of confessional statement of the coaccused / Tuntun Pandit. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and he is having no criminal antecedent. Learned counsel further submits that the name of the petitioner has transpired on the basis of confessional statement of the co-accused / Tuntun Pandit with whom the deceased lady was having illicit relationship. Learned counsel further submits that similarly situated accused namely,

Patna High Court CR. MISC. No.32722 of 2020(3) dt.15-01-2021 2/2 Sunil Pandit @ Sunil Kumar Pandit has been granted bail by this Court in Cr. Misc. No. 11679 of 2020 and the petitioner is in custody since 1st February, 2020.

Having regard to the submissions made by the parties and taking into consideration the materials available on record, the fact that similarly situated accused has been granted bail by a Co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner upon completion of one year in custody. Accordingly, let the petitioner, above named, be released on regular bail upon completion of one year in custody on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Banka / court concerned in connection with Suiya P.S. Case No. 90 of 2019. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T