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Patna High CourtCR. MISC./36086/2023allowed

Akash Kumar v. The State Of Bihar

2023-07-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36086 of 2023 Arising Out of PS. Case No.-554 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== AKASH KUMAR Son of Ranjeet Ray Resident of Village- Panpur Gaurahi, PS- Sadar, Hajipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Singh For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 120B and 201 of the Indian Penal Code.

As per prosecution case, the petitioner along with other accused persons came at the door of the informant and took away his son. In the next morning, the dead body of his son was found in the water of Balwa Kuari Chaur.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is no eye-witness to the occurrence. The petitioner has been roped in the present case only on the basis of suspicion and during investigation no

Patna High Court CR. MISC. No.36086 of 2023(2) dt.03-07-2023 2/2 material/evidence has been found against the petitioner. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 27.02.2023 passed in Cr. Misc. No. 66182 of 2022. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 05.11.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 554 of 2021. (Sunil Kumar Panwar, J) arish/- U T