Sourav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63109 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- KAJRA District- Lakhisarai ====================================================== Sourav Kumar, Male, aged about 20 years, Son Of Nandkishor, resident of Village- Madhopur, P.S.- Kajra, Dist- Lakhisarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Md. Irshad, Advocate For the Opposite Party :

Mr. Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kajra P.S. Case No. 73 of 2023 dated 30.05.2023 registered for the offence punishable under Sections 302, 201, 120B of the Indian Penal Code and Sections 25(1-b)a, 26 and 27 of the Arms Act.

3. As per the prosecution case, the co-accused Rajendra Mandal who is the husband of the deceased after consulting with his adopted son, namely, Sourav Kumar (petitioner) and his sister-in-law (Shali), namely, Sudha Shree, shot his wife dead on account love affairs with Sudha Shree while his wife was sleeping and he hid the pistol and cartridge in a room. Thereafter, the co-accused Rajendra Mandal was

Patna High Court CR. MISC. No.63109 of 2023(2) dt.06-10-2023 2/2 handing over the same to his son Sourav Kumar (petitioner) then the police saw and caught him.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is the adopted son of the deceased. The main allegation is against the co-accused Rajendra Mandal who is the husband of the deceased. The petitioner has no criminal antecedent, as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 31.05.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Lakhisarai, in connection with Kajra P.S. Case No. 73 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T