Suman Kumar @Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67011 of 2023 Arising Out of PS. Case No.-190 Year-2023 Thana- NARHATT District- Nawada ====================================================== Suman Kumar @CHHOTU Son Of Ashish Singh @ Ramashish Singh Resident Of Village- Khanwan, Ps- Narhat, Distt- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saroj Kumar Choudhary For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 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 sections 302 and 34 of the Indian Penal Code.
3. According to prosecution case, co-accused persons along with this petitioner assaulted the husband of the informant with lathi, dand, rod and danda due to which the husband of the informant died.
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 on the behest of his enemies. There is no specific overt act of assaulting against the petitioner rather general and omnibus allegation has been levelled against
Patna High Court CR. MISC. No.67011 of 2023(3) dt.03-11-2023 2/2 all the accused persons including this petitioner. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide Annexure-2 of this petition. Moreover, the petitioner is languishing in judicial custody since 06.07.2023.
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 Narhat P.S. Case No. 190 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 J.M. 1st Class, Nawada.
(Sunil Kumar Panwar, J) Shubham/- U T