Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55750 of 2022 Arising Out of PS. Case No.-421 Year-2020 Thana- PATNA CITY CHOWK District- Patna ====================================================== Banti Kumar Son of Deo Kumar Manjhi @ Badri Manjhi Resident of Mansoorganj Musahari, P.S.- Malsalami, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Chowk P.S. Case No. 421 of 2020 registered under sections 364 and 34 of the Indian Penal Code and later on Sections 302 and 201 of IPC was added. Allegation against the petitioner and other co-accused persons is that they called the informant's son from his house but after that he did not return his house. Thereafter, the informant came to know that his son has been murdered by his friends. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on suspicion. It is further submitted that during investigation, the name of the petitioner came into light on the basis of confessional statement

Patna High Court CR. MISC. No.55750 of 2022(3) dt.17-02-2023 2/2 of co-accused, namely Kalu Kumar, before the police. Neither any consistent material came against the petitioner nor any eyewitness of the alleged occurrence. Nothing incriminating article has been recovered either from his possession or from his house. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by the learned lower Court below in B.P. No. 397 of 2021. The petitioner is languishing in judicial custody since 15.05.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chowk P.S. Case No. 421 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Patna City.

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