Chandu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44327 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- KASBA District- Purnia ====================================================== Chandu Kumar Son Of Jodhan Mallah Resident Of Village - Fulwaria, Police Station - Kasba, District - Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. The prosecution case in short, is that, co-accused Sanjeev Kumar had taken informant's son to Birpur for catering work on daily wages. For the said Catering work, petitioner and others co-accused persons had gone to Birpur along with 8-10 men in auto. After one day, informant work up and found the dead body of her son in her courtyard and

Patna High Court CR. MISC. No.44327 of 2023(2) dt.28-07-2023 2/3 accused persons including the petitioner fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. Informant is not the eye witness of the alleged occurrence. It is further submitted that no specific overt act has been attributed against the petitioner rather general and omnibus allegation has been levelled against him. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.01.2023. Similarly situated other co-accused person has already been granted bail by the different coordinate Bench of this Court vide Annexure-2 of this petition.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Kasba P.S. Case No. 29 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.44327 of 2023(2) dt.28-07-2023 3/3 learned Chief Judicial Magistrate, Purnea.

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