Patna High CourtCR. MISC./65597/2023allowed

Roshan Kumar @ Raushan Kumar v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65597 of 2023 Arising Out of PS. Case No.-89 Year-2022 Thana- NAYAGAON District- Begusarai ====================================================== ROSHAN KUMAR @ RAUSHAN KUMAR Son of Vijay Singh R/o Hanspur, P.S. - Nayagaown, Distt. - Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 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 section 302, 504, 506, 34 of the Indian Penal Code.

3. As per FIR, the allegation against the accused persons including the petitioner is that they assaulted the brother of the informant due to which he sustained injuries and died.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to enmity. The informant is not an eye

Patna High Court CR. MISC. No.65597 of 2023(2) dt.13-10-2023 2/2 witness of the alleged occurrence and there is no specific allegation levelled against the petitioner rather general and omnibus allegation levelled against him. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 02.08.2023 passed in Cr. Misc No. 36722 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 03.04.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nayagaon P.S. Case No. 89 of 2022 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.-Ist Class, Begusarai.

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