Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59451 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- KASBA District- Purnia ====================================================== SANJEEV KUMAR son of Jittan Bind @ Jitendra Bin R/o- Fulwaria PsKasba Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 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 Sections 302 and 34 of the Indian Penal Code.

3. As per prosecution case, the petitioner had taken informant's son to Birpur for catering work on daily wages. For the said Catering work, the petitioner and other co-accused persons had gone to Birpur along with 8-10 men in auto. After one day, informant work up and found the dead body of her son in her courtyard and the accused persons fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Informant is

Patna High Court CR. MISC. No.59451 of 2023(2) dt.11-09-2023 2/2 not the eye-witness of the alleged occurrence. It is further submitted that no specific overt act has been attributed against the petitioner. There is general and omnibus allegation against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 28.07.2023 passed in Cr.Misc. No. 44327 of 2023. He is languishing in judicial custody since 21.01.2023.

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 Kasba P.S. Case No. 29 of 2023.

(Sunil Kumar Panwar, J) arish/- U