Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50715 of 2023 Arising Out of PS. Case No.-157 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== ASHUTOSH KUMAR SON OF BHIM SINGH RESIDENT OF IN FRONT OF COLLEGE GATE, PS- SAKRA, DIST- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar Singh For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 302 and 201 of the Indian Penal Code.

It is a case of commission of murder by unknown person to the informant's son, namely, Kundan Kumar Sah and his dead body was found lying in the maize field. It seems that informant's son was killed by throttling anywhere else and with a view to wipe off the evidence, his dead body was thrown near maize filed.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Only on the basis of

Patna High Court CR. MISC. No.50715 of 2023(4) dt.07-11-2023 2/2 suspicion, the name of the petitioner has been dragged in the present case. During investigation, no consistent material 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 9.5.2020. 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 A.D.J. XII, Muzaffarpur in connection with Sakra P.S. Case No. 157 of 2020.

(Sunil Kumar Panwar, J) sushma/- U