Sunni Kumar Chaudhary @ Dhiraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55339 of 2023 Arising Out of PS. Case No.-129 Year-2022 Thana- PATAHI District- East Champaran ====================================================== Sunni Kumar Chaudhary @ Dhiraj Son Of Lalan Prasad Chaudhary Vill. Bokanekala Ps. Patahi Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 328 and 34 of the Indian Penal Code.

3. As per prosecution story, the informant's son had gone for tuition class but did not come and on information, informant came to know that his son was lying in unconscious condition in village thereafter the informant took his son to hospital where the doctor declared his son dead.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. Nothing consistent material has come against the petitioner

Patna High Court CR. MISC. No.55339 of 2023(3) dt.16-10-2023 2/2 rather only on the basis of suspicion, he has been dragged in this case. Similarly situated other co-accused person has already been granted bail by co-ordinate Bench of this Court vide order dated 28.08.2023 in Cr. Misc. No. 55824 of 2023. Moreover, the petitioner is languishing in judicial custody since 28.05.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Patahi P.S. Case No. 129 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. East Champaran, Motihari.

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