Sanny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72554 of 2021 Arising Out of PS. Case No.-147 Year-2021 Thana- SAHPUR District- Patna ====================================================== Sanny Kumar Son Of Sri Kamlesh Rai @ Ravan Rai Resident Of VillageKothiya, Dukhit Tola, (BABUCHAK), P.S- Shahpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Shahpur P.S. Case No. 147 of 2021 lodged under Sections 302, 34 of the I.P.C.

As per the prosecution case, the allegation was made against 2 named persons in the F.I.R. along with 8-10 unknown persons who called the son of the informant and after 1-2 hours, his dead body was thrown near Government School, Majhauli. The informant's son was brought to Hi-Tech Hospital where doctor has declared him died. With this allegation, the case has been filed.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.72554 of 2021(4) dt.29-11-2022 2/2 petitioner is innocent and has committed no offence. He submits that there is no eye witness of the said occurrence. He further submits that antecedent of the petitioner is clean and he is in custody since 20.06.2021, charge sheet has already been filed in this case. Learned counsel submits that report has been called for in this case by which it transpires that date has been fixed for framing of charge. Learned counsel further submits that the other co-accused who has been named in the F.I.R. granted bail by the Co-ordinate Bench of this Court vide order dated 26.05.2022 passed in Cr. Misc. No.2977 of 2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. I, Danapur, Patna in connection with Shahpur P.S. Case No. 147 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T