Mritunjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52957 of 2023 Arising Out of PS. Case No.-9 Year-2020 Thana- KAJRA District- Lakhisarai ====================================================== Mritunjay Kumar S/O Mithilesh Kumar R/O Village- Punadih, Ps. Kajra, Dist. Lakhisarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rishi Raj Raman, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 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 Sessions Trial No. 82 of 2023 arising out of Kajra P.S. Case No. 09 of 2020 dated 24.01.2020 registered for the offences punishable u/ss 302 and 201 read with section 34 of the Indian Penal Code.
4. As per the prosecution case, unknown miscreants
Patna High Court CR. MISC. No.52957 of 2023(2) dt.25-08-2023 2/3 are alleged to have killed the informant's son with sharp weapons.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused, Bikram Azad. There is no eyewitness to the alleged occurrence. There is general and omnibus allegation against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Similarly situated coaccused, Bikram Azad has already been granted bail by the coordinate bench of this court vide order dated 21.01.2022 passed in Cr. Misc. No. 36579 of 2021. The petitioner is also accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 30.11.2022.
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
Patna High Court CR. MISC. No.52957 of 2023(2) dt.25-08-2023 3/3 concerned, Lakhisarai in connection with Sessions Trial No. 82 of 2023 arising out of Kajra P.S. Case No. 09 of 2020.
8. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T