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Patna High CourtCR. MISC./39701/2024allowed

Chandrakant Jha @ Chandrakant Mishra v. The State Of Bihar

2024-07-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39701 of 2024 Arising Out of PS. Case No.-244 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Chandrakant Jha @ Chandrakant Mishra S/O Dukhharan Jha R/O VILLAGEKOILI, WARD NO.6, P.S.- NANPUR, DIST-sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2024 Heard Mr. Uday Kumar, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State. 2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 302, 34 of the IPC. 3.

As per the prosecution case, the petitioner along with other co-accused persons is said to have committed murder of the father of informant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to enmity. There is general and omnibus allegation against the petitioner. There is no eye witness to the alleged occurrence. Petitioner has been made accused merely on the basis of suspicion. One person was apprehended during the course of

Patna High Court CR. MISC. No.39701 of 2024(2) dt.31-07-2024 2/2 investigation and he disclosed the name of the petitioner. He further submitted that similarly situated co-accused has been granted regular bail vide order dated 09.11.2023 passed in Cr. Misc. No.71275 of 2023. The petitioner has no criminal antecedent and has been rotting in judicial custody since 04.04.2024.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Nanpur P.S. Case No.244 of 2023.

(Anjani Kumar Sharan, J) shikha/- U T