Patna High CourtCR. MISC./39698/2023allowed

Amit Kumar Sinha v. The State Of Bihar

2023-09-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39698 of 2023 Arising Out of PS. Case No.-150 Year-2007 Thana- ALAMGANJ District- Patna ====================================================== Amit Kumar Sinha Son Of Late Arjun Sinha Resident Of Village- Gaighat, Ps- Alamganj , Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandeep Patil For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the allegation against the accused persons including the petitioner is that for property they committed murder of the informant's brother.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is son of the deceased and merely on the basis of suspicion he has falsely been implicated in this

Patna High Court CR. MISC. No.39698 of 2023(4) dt.19-09-2023 2/2 case. The informant is not an eye witness of the alleged occurrence and no specific allegation levelled against the petitioner. It is further submitted that except suspicion no consistent material has come out against the petitioner. He has got no criminal antecedent. Moreover, he is languishing in judicial custody since 23.07.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Alamganj P.S. Case No. 150 of 2007 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkr/- U T