Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46500 of 2022 Arising Out of PS. Case No.-12 Year-2020 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== CHANDAN KUMAR Son of Lae Shivnath Mahato Resident of Village - Machhahi, P.s.- Sakra, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pradeep Kumar Sinha For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 201, 120(B)/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner and two other co-accused namely, Niraj Kumar and Ravi Kumar called the informant's son Ajay @ Satyam Kumar and killed him and after killing him, they hand his dead body on a mango tree near newly constructed Gopal Masala Factory.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. Only on the basis of suspicion as

Patna High Court CR. MISC. No.46500 of 2022(4) dt.24-02-2023 2/2 petitioner's mobile number was used in talking between the deceased and co-accused Ravi Kumar before the occurrence. Similarly situated co-accused namely Ravi Kumar and Neeraj Kumar both have granted bail by different Benches vide order dated 09.04.2021 passed in Cr. Misc. No. 1245 of 2021 and order dated 07.03.2022 passed in Cr. Misc. No. 58329 of 2021. Petitioner is languishing in judicial custody since 28.03.2022. 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 Judicial Magistrate 1st Class, East Muzaffarpur in connection with Bela Muzaffarpur P.S. Case No. 12 of 2020.

(Sunil Kumar Panwar, J) sushma/- U