Patna High CourtCR. MISC./44239/2023bail granted

Anshu Kumar v. The State Of Bihar

2023-07-31Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44239 of 2023 Arising Out of PS. Case No.-800 Year-2022 Thana- BARH District- Patna ====================================================== ANSHU KUMAR Son of Parsuram Paswan Resident of Village - Bajitpur Church Road Just back to Suleman Dargah, P.s.- Barh, District - Patna (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kr. Arya, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2023

1. 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 Barh P.S. Case No. 800 of 2022 dated 10.12.2022 registered for the offence punishable u/ss 302 and 120(B) of the Indian Penal Code.

4. As per the prosecution case, unknown miscreants are alleged to have strangulated the informant's brother to death and his dead body was thrown below the bridge.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.44239 of 2023(2) dt.31-07-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. He further submitted that the name of the petitioner has surfaced only on the basis of confessional statement of the co-accused Chhotu Kumar. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.12.2022.

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, Barh in connection with Barh P.S. Case No. 800 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T