Patna High CourtCR. MISC./43915/2023allowed

Chintu Kumar v. The State Of Bihar

2023-07-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43915 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== CHINTU KUMAR Son of Manohar Mandal Resident of Ghat Road, ward no. 04, Sultanganj, P.s. - Sultanganj, Distt. - Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== 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 instituted for the offence under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of killing the father of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner is not named in the FIR. He submitted that during investigation, the petitioner has been implicated in the present case only on the basis of confessional statement of one co-accused Dinesh Chaudhary, which has no evidentiary value in the eyes of law.

Patna High Court CR. MISC. No.43915 of 2023(2) dt.28-07-2023 2/2 He further submitted that there is no specific overt act against the petitioner. He is languishing in judicial custody since 01.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Sultanganj P.S. Case No. 54 of 2023.

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