Patna High CourtCR. MISC./50373/2023bail granted

Arjun Kumar v. The State Of Bihar

2023-08-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50373 of 2023 Arising Out of PS. Case No.-186 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== ARJUN KUMAR SON OF SURENDRA RAI RESIDENT OF VILLAGE RAGHUNATHPUR DONMA, PS- SAKRA, DIST- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sagar Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023

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 Sakra P.S. Case No. 186 of 2020 dated 20.05.2020 registered for the offences punishable u/s 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal

Patna High Court CR. MISC. No.50373 of 2023(2) dt.16-08-2023 2/3 Code.

4. As per the prosecution case, the petitioner and other accused persons along with 10 unknown miscreants holding lathi, danda and iron rod are alleged to have committed murder of the brother-in-law of the informant on account of an accident of Suresh Kumar with the motorcycle of the co-accused Rupesh Kumar. Kiran Shah, Raja Kumar, Nitish Kumar and Amrita Kumari were assaulted and injured.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The co-accused person has been granted bail by co-ordinate Bench of this Court vide order dated 03.01.2023 passed in Cr. Misc. No. 67384 of 2021. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.05.2023.

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

Patna High Court CR. MISC. No.50373 of 2023(2) dt.16-08-2023 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur (East) in connection with Sakra P.S. Case No. 186 of 2020.

8. The application stands allowed.

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