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Patna High CourtCR. MISC./40703/2023bail granted

Chintu Kumar v. The State Of Bihar

2023-08-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40703 of 2023 Arising Out of PS. Case No.-110 Year-2019 Thana- MARANCHI District- Patna ====================================================== CHINTU KUMAR S/O LATE TARKESHWAR PRASAD @ MANJU CHOUDHARY RESIDENT OF CHONDI POLICE STATION BARH, DIST.PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehend his arrest in connection with Maranchi P.S. Case No. 110 of 2019 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

3. It is alleged that all the FIR named accused persons along with three unknown persons committed murder of the husband of the informant.

4. It is submitted on behalf of the petitioner that the petitioner is not named in the FIR. It is further submitted that the name of the petitioner has transpired on the confessional statement of co-accused namely, Kundan Kumar. There is no

Patna High Court CR. MISC. No.40703 of 2023(2) dt.01-08-2023 2/2 eyewitness of the alleged occurrence. Except, confessional statement of co-accused there is no direct or indirect evidence to connect this petitioner with the alleged crime. Petitioner claims clean antecedent.

6. Considering the facts of the case, this pre-arrest bail petition is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Barh, Patna in connection with Maranchi P.S. Case No. 110 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Ayush/- U T