Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60429 of 2023 Arising Out of PS. Case No.-167 Year-2023 Thana- SIRDALA District- Nawada ====================================================== ANIL KUMAR SON OF GHANSHYAM PRASAD R/O VILLAGE KUNJAILA, P.S. ROH, DISTRICT NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 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 Section 365 of the Indian Penal Code.

3. It is a case of commission of kidnapping and murder of the husband of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. 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 Ranju Kumari, which has got no evidentiary value in the eyes of law. During investigation, no

Patna High Court CR. MISC. No.60429 of 2023(2) dt.18-09-2023 2/2 cogent evidence has come against the petitioner to show that he has involved in the present case. 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 this Bench vide order dated 12.09.2023 passed in Cr. Misc. No. 50245 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 13.05.2023.

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 satisfaction of the learned Court below in connection with Sirdala P.S. Case No. 167 of 2023.

(Sunil Kumar Panwar, J) arish/- U