Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38430 of 2018 Arising Out of PS. Case No.-109 Year-2017 Thana- ASARGANJ District- Munger ====================================================== Sujeet Kumar son of Late Sudhir Singh resident of Village - Chorgawn (Purshottampur), P.S. - Ashaganj, District - Munger. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shama Sinha For the Opposite Party/s :

Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sessions Trial No. 25 of 2018 arising out of Asarganj P.S. Case No. 109 of 2017 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Informant in his written report has stated that on 01.09.2017 at about 8:45 hours, while he was talking with his son, his wife and other family members, his son(deceased) received a phone call and when he asked about the call, he was informed by his son that Sudhansu Kumar is calling him to talk. When his son did not return in the night, he enquired about his son from Sudhanshu Kumar then Sudhanshu Kumar said he was not aware and thereafter when he was going to the house of

Patna High Court Cr.Misc. No.38430 of 2018(4) dt.24-08-2018 2/2 the petitioner to enquire about his son, petitioner after seeing the informant flee away.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to previous enmity with the family of the informant. Similarly, situated co-accused person has been granted bail by a coordinate bench of this Court vide order dated 23.02.2018 in Criminal Miscellaneous No. 4640 of 2018. Petitioner has got no criminal antecedent and is in custody since 08.09.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Munger in connection with Sessions Trial No. 25 of 2018 arising out of Asarganj P.S. Case No. 109 of 2017. (S. Kumar, J) ranjan/- U