Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36752 of 2023 Arising Out of PS. Case No.-148 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== SUNNY KUMAR S/O ANIL PRASAD @ ANIL KUMAR R/O VillageBahari Begumpur Marraipar, P.S- Bypass, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Chaudhary For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 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, 201 and 34 of the Indian Penal Code.

The prosecution case, in short, is that on 19.09.2022, the informant, on the basis of received information, found a dead body lying in Galla (Jalkumbhi) at Bena Sah ke Bag and his head was covered with plastic sack.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown person. He submitted that during investigation, the petitioner has been

Patna High Court CR. MISC. No.36752 of 2023(2) dt.04-07-2023 2/2 implicated in the present case only on the basis of confessional statement of one co-accused Pawan Kumar, which has no evidentiary value in the eyes of law. No incriminating article has recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 24.06.2023 passed in Cr. Misc. No. 34628 of 2023. He is languishing in judicial custody since 28.09.2022. 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, 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 A.C.J.M.-III, Patna City, Patna in connection with Mehandiganj P.S. Case No. 148 of 2022.

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