Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62218 of 2023 Arising Out of PS. Case No.-479 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Bhushan Kumar Son Of Vijay Mishra @ Lal Pandit Resident Of Village - Sahbajpur, P.S. - Ahiyapur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201, 120(B), 34 of the Indian Penal Code.

It is a case of commission of murder of the informant's son, namely, Abhinav Kumar @ Gautam Kumar by FIR named accused persons along with four unknown persons. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case merely on suspicion. No one is eye witness of the alleged occurrence. There is no any specific allegation against the petitioner and

Patna High Court CR. MISC. No.62218 of 2023(2) dt.15-09-2023 2/2 allegation is general and omnibus in nature. During investigation, no consistent material has come against the petitioner which shows his complicity in the present occurrence. Similarly situated other accused persons have already been enlarged on bail by another coordinate Bench of this Court vide order dated 12.09.2023 passed in Cr. Misc. No.43390 of 2023. It is also submitted that petitioner is languishing in judicial custody since 01.03.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ahiyapur P.S. Case No.479 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur.

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