Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57444 of 2022 Arising Out of PS. Case No.-765 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Amit Kumar Son Of Late Shikari Rai Resident Of Village - Golaghat, P.S.- Tatarpur, District - Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 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 a case registered for the offences punishable under Section 394 of the Indian Penal Code and later on Section 302 of Indian Penal Code has been added.

As per allegation in the FIR, three miscreants assaulted the line man Rajesh Kumar Roy by means of Iron rod, due to which he sustained head injuries and snatched his mobile phone. Later on, Rajesh Kumar Roy

Patna High Court CR. MISC. No.57444 of 2022(3) dt.21-02-2023 2/3 succumbed to injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner is not named in F.I.R. and the name of petitioner sprang up in this case on the basis of confessional statement of co-accused Ravi Kumar, from whose possession the mobile of deceased was recovered. Neither there is any eye witness of the alleged occurrence nor there is any consistent and material evidence against the petitioner. Moreover, the petitioner is languishing in judicial custody since 18.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.57444 of 2022(3) dt.21-02-2023 3/3 petitioner is directed to be enlarged on bail in connection with Kotwali (Tilkamanjhi) P.S. Case No. 765 of 2021 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.D.J. Vth, Bhagalpur. (Sunil Kumar Panwar, J) nirajkrs/- U T