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Patna High CourtCR. MISC./49244/2021bail granted

Sonu Kumar @ Botal v. The State Of Bihar

2022-01-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49244 of 2021 Arising Out of PS. Case No.-114 Year-2019 Thana- BHAGWANGANJ District- Patna ====================================================== SONU KUMAR @ BOTAL Son of Surendra Sao Resident of Village - Karwa, P.S.- Bhagwanganj, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajanan Mishra For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-01-2022 Heard learned counsel for the petitioner and the State. The matter has been taken up through video conferencing.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and u/s 27 of Arms Act.

As per the prosecution case, over some minor dispute, it is stated that accused persons, including this petitioner, came to the house of informant and started to abuse and on protest made by father of informant, co-accused, Dukhan Singh, fired from his country made pistol causing death of father of informant.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.49244 of 2021(2) dt.24-01-2022 2/2 case. As per FIR petitioner is not the assailant of the deceased. Similarly situated accused Pankaj Kumar has already been granted bail by a co-ordinate Bench of this court vide order dated 16.03.2021 passed in Cr. Misc. No. 38240/2020. Petitioner claims clean antecedent and is in custody since 17.11.2019 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Masaurhi, Patna in connection with Bhagwanganj PS case No. 114/2019. (Prabhat Kumar Singh, J) BKS/- U T