Balmiki Kumar @ Amit Kumar @ Balmiki Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59271 of 2024 Arising Out of PS. Case No.-432 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== Balmiki Kumar @ Amit Kumar @ Balmiki Kumar Yadav son of Hare Krishna Yadav Village- Sirsi, Po- Mahthi, Ps- Bibhutipur, Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
3. The allegation against the petitioner is that he along with other co-accused persons brutally assaulted the husband of the informant due to which he died.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is not named in the FIR, his name has been transpired in the present case during investigation on the basis of report of spy. He submits that there is no specific overt act against the petitioner. He submits that there is specific allegation of firing against co-accused Sujeet
Patna High Court CR. MISC. No.59271 of 2024(3) dt.20-09-2024 2/2 Kumar. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 26.04.2024.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bibhutipur P.S. Case No. 432 of 2022.
(Anjani Kumar Sharan, J) devendra/- U T