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Patna High CourtCR. MISC./49558/2022allowed

Sandeep Kumar v. The State Of Bihar

2023-01-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49558 of 2022 Arising Out of PS. Case No.-415 Year-2021 Thana- BUDDHACOLONY District- Patna ====================================================== SANDEEP KUMAR Krishna Saw Resident of Mohalla Chailitanr, P.S.- Alamganj, 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. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B)/34 of the Indian Penal Code and section 27 of the Arms Act.

It is alleged by informant that the deceased was his brother who worked as gas vendor in the area of Buddha Colony and in business rivalry, he was murdered by the petitioner along with co-accused persons by hatching conspiracy. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the petitioner is not named in FIR and during investigation, his

Patna High Court CR. MISC. No.49558 of 2022(3) dt.11-01-2023 2/2 name came into light on the basis of confessional statement of co-accused namely, Sonu Vendor & Sudhansu Kumar. Petitioner has no concern with the co-accused and no specific overt-act against the petitioner. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 24.11.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Buddha Colony P.S. Case No. 415 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge XXVI, Patna.

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