Ravindra Kumar @ Kamta Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43937 of 2023 Arising Out of PS. Case No.-392 Year-2022 Thana- PAKARIBARAW District- Nawada ====================================================== RAVINDRA KUMAR @ KAMTA KUMAR SON OF SANJAY PRASAD @ SANJAY MAHTO VILLAGE KONANDPUR PS PAKRIBARAWAN DISTRICT NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Fahimuddin ====================================================== 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 302/34 of the Indian Penal Code.

3. As per prosecution case, while the husband of the informant was returning, the seven named accused persons including the petitioner herein variously armed with lathi-danda etc. are said to have assaulted the informant's husband, who subsequently died on way to the hospital. The accused persons were seen running away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.43937 of 2023(2) dt.28-07-2023 2/2 committed no offence. There is general and omnibus allegation against the petitioner. There is no eye-witness to the alleged occurrence and moreover, no material has transpired during the course of investigation to show the complicity of the petitioner. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 24.05.2023 passed in Cr. Misc. No. 16878 of 2023. He is languishing in judicial custody since 11.04.2023.

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 Pakribaraw P.S. Case No. 392 of 2022.

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