Patna High CourtCR. MISC./67486/2023bail granted

Nitish Kumar v. The State Of Bihar

2023-12-06Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67486 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== NITISH KUMAR SON OF SURAN YADAV @ SURANDER PRASAD YADAV RESIDENT OF VILLAGE - SHIVNANDANPUR, PSSULTANGANJ, DISTT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-12-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sultanganj P.S. Case No. 9 of 2023 registered for the offence under Sections 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, a dead body of the deceased was found on the road side. It has come during investigation in the confessional statement of one Guddu Yadav that the petitioner has shot the deceased. From reading the statement of one Amit Kumar in paragraph 20 it appears that petitioner may not have intended to kill the deceased but it may be an accidental death by the petitioner.

Patna High Court CR. MISC. No.67486 of 2023(3) dt.06-12-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and he is in custody since 02.02.2023.

5. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

6. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-X, Bhagalpur in connection with Sultanganj P.S. Case No. 9 of 2023 (Sandeep Kumar, J) Sudha/- U T