Deep Narayan Kumar @ Deep Narayan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50599 of 2023 Arising Out of PS. Case No.-275 Year-2018 Thana- KISHANPUR District- Supaul ====================================================== Deep Narayan Kumar @ Deep Narayan Sah Son Of Sri Hari Narayan Sahu Resident Of Village Chauhatta Ward No 7, Ps- Kishanpur, Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar Karan For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 328, 120B, 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he in connivance with co-accused, namely, Gunjan Kumari(wife of the deceased) has committed murder of son of the informant. It is further alleged that there is illicit relation between the petitioner and the wife of the deceased who is co-accused of this case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no eye witness of the alleged occurrence rather only hearsay witnesses are there.

Patna High Court CR. MISC. No.50599 of 2023(4) dt.28-11-2023 2/2 Nothing consistent evidence has come against the petitioner. It is further submitted that charge sheet has been submitted under Section 306 of the IPC not under Section 302 of the IPC. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by another coordinate Bench of this Court vide Annexure-5 of this petition. Moreover, he is languishing in judicial custody since 28.03.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in FIR.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kishanpur P.S. Case No. 275 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul.

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