Sunil Kumar @ Sunil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41505 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Sunil Kumar @ Sunil Prasad S/O Late Kishun Mahto @ Krishandeo Mahto R/O Village- Bhawani Bigha, P.S- Warisaliganj, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs.Vaishnavi Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 34 of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons including the petitioner is that they committed murder of the informant's brother. It is further alleged that the petitioner and co-accused persons were identified by the informant while they were fleeing away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.41505 of 2023(4) dt.24-08-2023 2/3 falsely been implicated in this case merely on the basis of suspicion. He has got no criminal antecedent. The informant is not an eye witness of the alleged occurrence rather he saw the petitioner while he was fleeing from the place of occurrence so no specific allegation of commission of murder levelled against him. It is further submitted that it is a case of last scene and except suspicion no consistent material has come out against the petitioner. Moreover, he is languishing in judicial custody since 07.02.2023. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the petitioner is named in the FIR and he was also present at the place of occurrence.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Warisaliganj P.S. Case No. 69 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the

Patna High Court CR. MISC. No.41505 of 2023(4) dt.24-08-2023 3/3 like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Nawada.

(Sunil Kumar Panwar, J) Manishkumar/- U T