Sumit Kumar @ Murli v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61005 of 2024 Arising Out of PS. Case No.-281 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Sumit Kumar @ Murli Son of Late Ajay Kumar Chaudhary Resident of Village- Fateha Ward No- 3, PS- Bachhwara, Distt- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Mritunjay For the Opposite Party/s :
Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, when the informant was sitting on his readymade cloth shop, the petitioner along with other co-accused persons came to his shop armed with pistol and fired upon his son as a result of which his son died.
4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is nothing in the record
Patna High Court CR. MISC. No.61005 of 2024(2) dt.21-08-2024 2/2 indicating the complicity of the petitioner in the occurrence barring confessional statement of the co-accused, namely, Prabhat Kumar @ Vansilal which has no evidentiary value in the eye of law. He submits that there is specific allegation against co-accused Kanhaiya Choudhary. The petitioner has one criminal antecedent and has been languishing in custody since 29.05.2024.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts aforesaid and there is no specific overt act against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bachhwara P.S. Case No. 281 of 2022. (Anjani Kumar Sharan, J) anand/- U T