Patna High CourtCR. MISC./43772/2021bail granted

Gaurav Kumar @ Prince v. The State Of Bihar

2022-01-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43772 of 2021 Arising Out of PS. Case No.-292 Year-2020 Thana- BARH District- Patna ====================================================== GAURAV KUMAR @ PRINCE Son of Ajay Kumar @ Ajay Yadav @ Karu Yadav Resident of Village - Tika Chak, P.S.- Barh, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.UN Pandit, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-01-2022 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/34 and other ancillary sections of the Indian Penal Code. As per the prosecution case, on 5.8.2020 at 9 pm petitioner and other accused persons came to the house of the informant and took his son and nephew with them, whose dead body were recovered after sometime.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case as the petitioner and the informant are agnate and there is land dispute between them. There is no eye witness as to who killed them. The only allegation against the petitioner is that he along with other accused persons had come to the house of the

Patna High Court CR. MISC. No.43772 of 2021(3) dt.04-01-2022 2/2 victims for their search. No other substantive evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case. Petitioner has claimed clean antecedent and he is in custody since 9.8.2020. Investigation is complete. Similarly situated co-accused has already been allowed bail by this Court vide order dated 28.10.2021.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named 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 I, Barh, Patna in Barh Police Station Case No. 292 of 2020.

(Prabhat Kumar Singh, J) shashi/- U T