Abhijit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63095 of 2023 Arising Out of PS. Case No.-58 Year-2022 Thana- TIKAPATTI District- Purnia ====================================================== 1.
Abhijit Kumar Son Of Yogendra Mandal Village- Dumari, Ps- Tikapatti, Dist- Purnea 2.
Akshay Kumar Son Of Yogendra Mandal Village- Dumari, Ps- Tikapatti, Dist- Purnea ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raju Kumar For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 147, 149, 323, 365 and 302 of the Indian Penal Code.
3. As per prosecution case, due to business rivalry an scuffle took place between both the petitioners and the deceased on 1.7.2022. Petitioners and other accused persons assaulted him and forcibly got him in a four-wheeler and brought him to the house of the co-accused Yogendra Mandal and killed him and naked dead body was found there.
Patna High Court CR. MISC. No.63095 of 2023(3) dt.07-11-2023 2/3
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. The petitioners are living in different village which is far away from the place of occurrence and they have nothing to do with the affairs. Informant is not the eye witness of the alleged occurrence. There is no consistent evidence to show the involvment in the present case. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 08.08.2023 passed in Cr. Misc. No. 58 of 2022. Petitioners have got no criminal antecedent and both are languishing for about six months.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand ) each with two sureties of the like amount each to the satisfaction of the learned CJM,
Patna High Court CR. MISC. No.63095 of 2023(3) dt.07-11-2023 3/3 Purnea/ concerned court in connection with Tikapatti P.S. Case No. 58 of 2022.
(Sunil Kumar Panwar, J) sushma/- U