Abhinandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54677 of 2023 Arising Out of PS. Case No.-313 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== ABHINANDAN KUMAR S/o- RAM NATH SAHNI RESIDENT OF VILLAGE MANIYARPUR, P.S. WARISNAGAR, DISTRICTSAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner is of committing murder of the brother of the informant, by causing firearm injury.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.54677 of 2023(2) dt.29-08-2023 2/3 that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown person. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Amit Kumar, which has got no evidentiary value in the eyes of law. He further submitted that the reason behind the occurrence is stated to be illicit relationship of Priyanka Kumari with the coaccused Amit Kumar. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 08.08.2023 passed in Cr. Misc. No. 49804 of 2023. He is languishing in judicial custody since 19.11.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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

Patna High Court CR. MISC. No.54677 of 2023(2) dt.29-08-2023 3/3 satisfaction of the learned Court below in connection with Kalyanpur P.S. Case No. 313 of 2022.

(Sunil Kumar Panwar, J) arish/- U