Patna High CourtCR. MISC./59262/2022allowed

Sumit Kumar @ Gorakha Kumar Singh v. The State Of Bihar

2023-02-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59262 of 2022 Arising Out of PS. Case No.-258 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== SUMIT KUMAR @ GORAKHA KUMAR SINGH SON OF MANLAL SINGH R/O VILLAGE- PAKARI, P.S.- ARA MUFFASIL, DISTRICTBHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor and perused the case diary. The petitioner is in custody in a case registered for offences punishable under Sections 302 of the Indian Penal Code and 27 of the Arms Act.

This is a case of commission of murder of the deceased. The first information report has been lodged against the unknown persons.

It is submitted by the learned counsel for the petitioner that the petitioner has falsely been implicated in this case, there is no consistent material evidence against the petitioner and there is no eye witness of this case. On the basis of the confessional statement of the co-accused, namely, Bablu

Patna High Court CR. MISC. No.59262 of 2022(3) dt.28-02-2023 2/2 Lal @ Amit Lal, the name of the petitioner came into light and the petitioner also confessed about the guilt of the case and the petitioner has been remanded in this case from other case. The petitioner is not named in the first information report. The petitioner is in custody since 29.08.2022.

The learned Additional Public Prosecutor for the State vehemently opposed the prayer for bail.

Considering the aforesaid submissions, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Ara Muffasil P.S. Case No. 258 of 2022 to the satisfaction of the Additional Chief Judicial Magistrate, VII, Bhojpur at Ara.

(Sunil Kumar Panwar, J) Shamshad & Alok Kr.

Verma/- U T