Patna High CourtCR. MISC./48898/2023bail granted

Pintu Kumar @ Sukat Kumar v. The State Of Bihar

2023-08-09Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48898 of 2023 Arising Out of PS. Case No.-296 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== PINTU KUMAR @ SUKAT KUMAR Son of Umeshwar Singh Resident of village - Mishra Colony Duncun road, P.s. - Raxaul (O.P. Haraiya), Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2023

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 Raxaul (Haraiya) P.S. Case No. 296 of 2022 dated 23.06.2022 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 324, 326, 302, 379, 504 and 506 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the

Patna High Court CR. MISC. No.48898 of 2023(2) dt.09-08-2023 2/3 co-accused persons are alleged to have killed the informant's son. It is further alleged that the accused persons also looted motorcycle, SIM card and Rs. 20,000/- from the informant's son.

5. Learned counsel for the petitioner has submitted 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. Learned counsel further submitted that the informant's son has stated the name of the petitioner when he was in unconscious state of mind which makes this case doubtful. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.07.2022.

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, Motihari, East Champaran in connection with

Patna High Court CR. MISC. No.48898 of 2023(2) dt.09-08-2023 3/3 Raxaul (Haraiya) P.S. Case No. 296 of 2022.

8. The application stands allowed.

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