Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46868 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- SAHPUR District- Patna ====================================================== Vishal Kumar Son of Niranjan Singh R/O Village- Madhopur, P.S.- Shahpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Soni Shrivastava, Advocate Ms. Aditi Sharma, Advocate Mr. Gaurav Singh, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Sahpur P.S. Case No. 61 of 2024, instituted for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, brother of the informant was murdered by the petitioner along with other coaccused person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.46868 of 2024(3) dt.25-09-2024 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that deceased and the petitioner were friends. The petitioner was not present at the place of occurrence and had no clue about the death or the manner of the same. The petitioner got to know about the death of his friend that his body was recovered from an under-construction building. The deceased was in intoxicated condition due to which he became serious in condition and died. As per post-mortem report, no external or bone injury was found on the body of the deceased. It is further submitted that the mobile phone of the deceased has been recovered from the possession of co-accused Raushan Kumar. The petitioner is in custody since 10.02.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.46868 of 2024(3) dt.25-09-2024 3/3 below/concerned Court in connection with Sahpur P.S. Case No. 61 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T