Sunny Kumar @ Sanni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63006 of 2023 Arising Out of PS. Case No.-264 Year-2023 Thana- SONEPUR District- Saran ====================================================== Sunny Kumar @ Sanni Kumar S/O Baijnath Gupta @ Baijnath Prasad R/O Villag- Vishunpur Pakari, P.S- Beur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwajeet Kumar Mishra For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2024 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 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that they committed murder of the informant's husband.

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 village politics. It is further submitted that only suspicion has been raised by the prosecution against the petitioner along with other co-accused persons in commission of murder of the informant's husband.

Patna High Court CR. MISC. No.63006 of 2023(3) dt.03-01-2024 2/2 Nothing consistent material or cogent evidence has come against the petitioner. Postmortem report also does not in consonance with the prosecution version as the prosecution case is that the murder the deceased has been made by stabbing but doctor opined that the cause of death of the deceased is due to hard and blunt substance. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.04.2023.

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 Sonepur P.S. Case No. 264 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 C.J.M., Chapra, District-Saran/ learned court below. (Sunil Kumar Panwar, J) Shubham/- U T