← Library
Patna High CourtCR. MISC./45489/2024bail granted

Prince Kumar @ Chhotu v. The State Of Bihar

2024-10-18Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45489 of 2024 Arising Out of PS. Case No.-559 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== Prince Kumar @ Chhotu SON OF UPENDRA SINGH @ UPENDAR SINGH Village-Bajareyan, P.S.-Sahar, District-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Krishna, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Koilwar P.S Case No. 559 of 2023 registered for the offences punishable under Sections 302, 120(B), 34 of the I.P.C. and 27 of the Arms Act.

3. As per prosecution case, it is alleged that some bike rider have killed the brother of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner has got no criminal antecedent. It is also submitted that petitioner is in judicial custody since 20.09.2023. He next submits that similarly

Patna High Court CR. MISC. No.45489 of 2024(4) dt.18-10-2024 2/2 situated co-accused has already been granted bail by coordinate benches passed in Cr. Misc. Nos. 11661 of 2024, 26089 of 2024 and 31205 of 2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order, it appears that name of the petitioner surfaced from the confessional statement of the co-accused, no recovery made on behalf the petitioner, investigation already concluded and charge-sheet already submitted, and no TIP conducted during investigation and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Bhojpur, Ara in connection with Koilwar P.S Case No. 559 of 2023. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T