Bullet Gupta @Amish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59771 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Bullet Gupta @AMISH Kumar S/O Jaishree Sah @ Jayshri Sah R/O VillageRaghunathpur, Ps. Chiraiya, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code.

3. As per prosecution case, the allegation against the accused persons including the petitioner is that they came at the house of the informant and started assaulting due to which brother of the informant sustained injuries and died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. There is no specific allegation levelled against the

Patna High Court CR. MISC. No.59771 of 2023(2) dt.08-09-2023 2/2 petitioner rather general and omnibus allegation levelled against him. It is further submitted that except suspicion no consistent material has come out against the petitioner. Similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 24.06.2023 passed in Cr. Misc. No. 36249 of 2023. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 04.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chiraiya P.S. Case No. 96 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

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