Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42098 of 2023 Arising Out of PS. Case No.-148 Year-2022 Thana- NAYA RAM NAGAR District- Munger ====================================================== Suraj Kumar Son Of Ramsinghasan Singh Resident Of Village- Chandanpura, Ps- Naya Ram Nagar, Distt- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 120(B),34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder to the informant's husband, namely, Lal Mohan Gupta by gunshot injury by several accused persons including the petitioner. In the back ground of the alleged incident accused persons asked the informant to withdraw the murder case.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. His name has sprung up in confessional statement of co-accused Vikash Kumar before the police. Save

Patna High Court CR. MISC. No.42098 of 2023(4) dt.04-09-2023 2/2 and except confession, nothing has come against the petitioner to show his involvement in the present case. During investigation, no consistent material has come against the petitioner. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 29.4.2023 passed in Cr. Misc. No. 9043 of 2023. Petitioner is languishing in judicial custody since 7.11.2022.

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 ACJM, 1st, Munger in connection with Nayaramnagar P.S. Case No. 148 of 2022.

(Sunil Kumar Panwar, J) sushma/- U