Brijnandan Kunwar @ Goddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40247 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== BRIJNANDAN KUNWAR @ GODDU Son of Dayanand Kunwar Resident of village - Kaithma, ward no. 2, P.S. - Mufassil, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvottam Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Begusaria Muffassil P.S Case No. 97 of 2023 dated 19.02.2023 registered for the offences punishable under Sections 302, 201 and 120B read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons along with some unknown miscreants in connivance with one another committed murder of the

Patna High Court CR. MISC. No.40247 of 2023(2) dt.24-07-2023 2/2 informant's grandson and disappeared his dead body.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is no eye witness to the said occurrence. There is general and omnibus allegation against the petitioner. The petitioner is accused in one more case but he was acquitted in the said case as stated in para 3 of the bail petition. The petitioner is in custody since 22.02.2023.

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

7. 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, Begusaria in connection with Begusaria Muffassil P.S Case No. 97 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T