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Patna High CourtCR. MISC./47923/2023allowed

Prem Kumar v. The State Of Bihar

2023-08-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47923 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== Prem Kumar Son Of Chandeshwar Choudhary Resident Of VillageJolhaniya, P.S.- Pipra, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 201, 364, 120 (B)/34 of the Indian Penal Code.

It is a case of commission of murder of the informant's son, namely, Prince Kumar by FIR named accused person and his associates after making several assault over his head and according to police official his dead body was found with profused bleeding near Hanuman Temple of Kosi. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. The petitioner is not named in the F.I.R. He has been falsely implicated in this case due to ulterior motive. There is no eye witness of the alleged occurrence. During investigation, the call

Patna High Court CR. MISC. No.47923 of 2023(2) dt.10-08-2023 2/2 detail report shows that the petitioner has made conversation with the deceased but no any direct and indirect evidence has come against the petitioner to show his involvement in the present case. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 13.04.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 C.J.M., Supaul/Incharge Successor Court in connection with Kishanpur PS Case No. 87 of 2023.

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