Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67657 of 2023 Arising Out of PS. Case No.-139 Year-2023 Thana- SONEPUR District- Saran ====================================================== 1.

ARVIND KUMAR son of Ganga Sagar Rai Village- Chhewakiya Ps- Ganga Bridge Dist- Vaishali 2.

Ajeet Rai son of Ganga Sagar Rai Village- Chhewakiya Ps- Ganga Bridge Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code.

3. As per allegation in the FIR, the allegation against the accused persons including the petitioners is that they have threatened the son of the informant for compromise in a previous case and also killed the son of the informant.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. There is no specific allegation against the petitioners only suspicion has been raised against the petitioners

Patna High Court CR. MISC. No.67657 of 2023(2) dt.31-10-2023 2/2 due to previous enmity. During course of investigation, the police exonerated co-accused Ganga Sagar Rai, Raj Kumari Devi and Munni Devi from the charge in the instant case. No consistent material has come against the petitioners. There is no eye witness to the alleged occurrence and petitioners have no concern with the said occurrence. Similarly situated other accused persons have already been enlarged on bail by another coordinate Bench of this Court vide order dated 13.09.2023 passed in Cr. Misc. No. 57344 of 2023. Petitioners are languishing in judicial custody.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Chapra in connection with Sonpur P.S. Case No. 139 of 2023. (Sunil Kumar Panwar, J) lata/- U T