Patna High CourtCR. MISC./48493/2023bail granted

Sunil Kumar v. The State Of Bihar

2023-08-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48493 of 2023 Arising Out of PS. Case No.-82 Year-2022 Thana- MADHAURAH District- Saran ====================================================== SUNIL KUMAR S/O SHANKAR SAH R/O Village- Sihoriya Bardahiya, P.S- Marhowrah, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 302/120B/34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, all the FIR named accused persons killed brother of the informant.

4. Learned counsel for the petitioner submits that the informant claims to be eye witness and has named the accused persons in the FIR who killed his brother. Informant has not whispered or suspected this petitioner. Petitioner's name has come in this case during course of investigation only on the material that he was in conversation with co-accused persons at the relevant time. Save and except the same, no other direct or indirect evidence has come against the petitioner during course of investigation to show his complicity

Patna High Court CR. MISC. No.48493 of 2023(2) dt.22-08-2023 2/2 in the occurrence.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in Marhowrah Police Station Case No. 82 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T