Patna High CourtCR. MISC./63411/2023bail granted

Dhiraj Kumar v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63411 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Dhiraj Kumar, Son of Jagarnath Mahto, Resident of Village- Bhawani Bigha, PS- Warisaliganj, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with others were seen fleeing away after committing murder of the informant's brother.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.03.2023 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. As per the prosecution case, the

Patna High Court CR. MISC. No.63411 of 2023(2) dt.10-10-2023 2/2 petitioner along with others were seen fleeing away from the place of occurrence, but none has alleged to have seen the petitioner assaulting the deceased. Other co-accused, namely, Sunil Kumar @ Sunil Prasad has already been granted bail by a co-ordinate Bench of this Court vide order dated 24.08.2023 passed in Cr. Misc. No. 41505 of 2023.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below/court concerned in connection with Warisaliganj P.S. Case No. 69 of 2023.

(Sudhir Singh, J) rohit/- U T