Khokha Kapri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48032 of 2023 Arising Out of PS. Case No.-163 Year-2022 Thana- ISMAILPUR District- Bhagalpur ====================================================== KHOKHA KAPRI S/O LATE KALLAR KAPRI R/O Village- Chhoti Parbatta, P.S- Ismailpur, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and State.

2. The petitioner is in custody in connection with Ismailpur P.S. Case No. 163 of 2022 for the offence under Sections 363, 364, 365, 34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code has been added.

3. Learned counsel for the petitioner submits that the petitioner has got five criminal antecedents and he is in custody since 16.02.2023. He further submits that many co-accused have been granted bail by co-ordinate Bench of this Court.

4. As per F.I.R, the petitioner is suspected in killing of the deceased. During investigation the materials have come to connect the petitioner with the crime.

5. It has been submitted by learned counsel for the petitioner that similarly situated co-accused has been granted bail by co-ordinate Bench of this Court in Criminal Misc. Case

Patna High Court CR. MISC. No.48032 of 2023(2) dt.02-08-2023 2/2 No. 27134 of 2023 vide order dated 21.06.2023 and in Cr. Misc. Case No. 39958 of 2023 vide order dated 12.07.2023.

6. For the reasons mentioned in the order dated 21.06.2023 and 12.07.2023 passed in Criminal Misc. Case Nos. 27134 of 2023 and 39958 of 2023, this bail application is also allowed.

7. Let the petitioner, above-named, be released on bail after framing of charge on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Naugachhiya in connection with Ismailpur P.S. Case No. 163 of 2022, subject to the condition that the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) Harsh/ U