Patna High CourtCR. MISC./48748/2023bail granted

Akash Kumar v. The State Of Bihar

2023-08-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48748 of 2023 Arising Out of PS. Case No.-1570 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== AKASH KUMAR Son of Panchu Chauhan alias Panchu Chouhan Resident of Village-Govindpur, P.S.-Phulwarisharif, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Phulwarisharif P.S. Case No. 1570 of 2022 dated 17.12.2022 registered for the offences punishable u/ss 302 and 201of the Indian Penal Code.

4. As per the prosecution case, unknown miscreants committed murder of an unknown person whose dead body was found near the bush.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.48748 of 2023(2) dt.08-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 03.07.2023 passed in Cr. Misc. No. 32188 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.01.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Phulwarisharif P.S. Case No. 1570 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T