Chandan Kumar @ Chandan Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40169 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Chandan Kumar @ Chandan Kumar Kushwaha Son of Ramashish Prasad R/O Vill.- Tekniwas, P.S.- Mohammadpur, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Prasad, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mohammadpur P.S Case No. 33 of 2024 dated 04.02.2024 registered for the offence punishable under Sections, 302, 201 and 34 of the Indian Penal Code.

3. As per the prosecution case, a dead body wrapped in yellow towel was lying in the wheat field on the roadside. It was confirmed that the deceased was woman and her right side including the head and eye was severely injured with the eye socket bone broken. Identification of the body was not possible. It appears that some unknown people have committed murder

Patna High Court CR. MISC. No.40169 of 2024(3) dt.18-07-2024 2/3 and attempted to conceal the body.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR and nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has sprung up in this case in the confessional statement of the co-accused Gulshan Yadav. The co-accused Gulshan Yadav in his confessional statement has stated the modus operandi as to how the occurrence took place. The co-accused person has already been granted regular bail by this Court vide order dated 01.07.2024 passed in Cr. Misc. No. 43012 of 2024. The petitioner is a person with clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Mohammadpur P.S

Patna High Court CR. MISC. No.40169 of 2024(3) dt.18-07-2024 3/3 Case No. 33 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U