Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63084 of 2024 Arising Out of PS. Case No.-259 Year-2021 Thana- PARSABAZAR District- Patna ====================================================== Bittu Kumar Son of Late Jitendra Singh Village- Khaira, P.S.- Naubatpur, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Parsabazar P.S. Case No. 259 of 2021.

3. The allegation against the petitioner along with others is of firing upon the father of the informant due to which he died.

4. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.63084 of 2024(2) dt.17-09-2024 2/3 that he has been falsely implicated in this case due to civil disputes. He has committed no offence. He submitted that the informant is the step brother of the petitioner. Except suspicion, there is nothing come against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused persons (step brothers of the petitioner) have already been granted bail by a Co-ordinate Bench vide order dated 21.12.2022 passed in Cr. Misc. No. 13803 of 2022 and its analogous cases. Moreover, petitioner is a person of clean antecedent and he is in custody since 13.05.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case and also the fact that the co-accused persons have already been granted bail by a Co-ordinate Bench and the case of this petitioner stands on similar footing, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna in connection with Parsabazar P.S. Case No. 259 of 2021, subject to the condition that the petitioner shall co-operate in the

Patna High Court CR. MISC. No.63084 of 2024(2) dt.17-09-2024 3/3 disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T