Patna High CourtCR. MISC./63477/2023bail granted

Bimal Kumar v. The State Of Bihar

2024-02-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63477 of 2023 Arising Out of PS. Case No.-721 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== Bimal Kumar Son Of Sri Jagdish Singh @ Jagdish Yadav Resident Of Village-Dumri, Police Station-Dulhin Bazar, District-Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 341,323,324,302/34 of the Indian Penal Code.

3. As per the prosecution case, informant has suspected that all the FIR named accused persons including 3to 4 unknown accused persons committed murder of his son.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is not named in the FIR and he has been roped in the case on the basis of suspicion during investigation on the ground that prior to the occurrence he had threatened the deceased of dire consequences. Moreover, informant is not the eye witness of the occurrence. Learned

Patna High Court CR. MISC. No.63477 of 2023(4) dt.27-02-2024 2/2 counsel submits that save and except suspicion there is no other direct or indirect evidence against the petitioner to show his complicity in the occurrence. Petitioner claims clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VI, Danapur in Naubatpur Police Station Case No. 721 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T