Patna High CourtCR. MISC./47375/2023allowed

Roshan Kumar v. The State Of Bihar

2023-09-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47375 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== ROSHAN KUMAR SON OF DEVENDRA SINGH RESIDENT OF VILLAGE- KALUCHAK KALINDINAGAR, PS- GOPALPUR, DISTRICTBHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the husband of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. Petitioner and the informant are same ancestor and there was a domestic dispute was going on and there was a tussle for tying the goat on both side in the same sequence. He submitted that the deceased was

Patna High Court CR. MISC. No.47375 of 2023(3) dt.18-09-2023 2/2 very weak and ill person, he slipped and fell on a stone of wall and succumbed to injury. The petitioner has no intention to kill the deceased and there has no any repeated blow by the petitioner to the deceased. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 28.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court below in connection with Gopalpur P.S. Case No. 128 of 2023.

(Sunil Kumar Panwar, J) arish/- U