Durgesh Kumar @ Chulbul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57638 of 2023 Arising Out of PS. Case No.-73 Year-2019 Thana- KANTI District- Muzaffarpur ====================================================== Durgesh Kumar @ Chulbul S/O Sant Kumar Chaudhary R/O VillageKalwari, P.S- Kanti, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Chandra Ojha For the Opposite Party/s :
Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.
It is a case of commission of murder of the son of the informant namely Ankit Kumar @ Sonu Kumar and Avinash Kumar by some unknown criminals.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is neither named in the F.I.R. nor any witness during investigation
Patna High Court CR. MISC. No.57638 of 2023(3) dt.07-11-2023 2/2 has named the petitioner. The name of the petitioner subsequently sprang up on the confessional statement of co-accused Sudhakar Kumar and except confession nothing has come against the petitioner. The petitioner is languishing in custody since 13.03.2023. Moreover, similarly situated co-accused person has been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 15.10.2019 passed in Cr. Misc. No. 61425 of 2019.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Kanti P.S. Case No. 73 of 2019.
(Sunil Kumar Panwar, J) Shageer/- U T