Bharat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37650 of 2022 Arising Out of PS. Case No.-71 Year-2022 Thana- ARARIA District- Araria ====================================================== Bharat Kumar Son of Sri Sudhir Yadav Resident of Ward No.- 16, Gaiyari, P.S.- Araria, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Choubey, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Araria P.S. Case No. 71 of 2022 lodged under Sections 302, 201, 120(B) & 34 of the I.P.C.

As per the F.I.R., the present case has been lodged against unknown in which there is no eye witness of the occurrence and dead body of victim Nilesh Kumar was found. Learned counsel for the petitioner submits that antecedent of the petitioner is clean. His name has figured in this case by virtue of the confessional statement of the coaccused. Counsel submits that nothing incriminating has

Patna High Court CR. MISC. No.37650 of 2022(3) dt.17-11-2022 2/2 recovered from his possession nor anything which is being used in the crime has been found. Counsel further submits that he is in custody since 25.01.2022 having clean antecedent, charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail and submits that there is no eye witness in this case. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Araria P.S. Case No. 71 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T