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Patna High CourtCR. MISC./68719/2023allowed

Akashdeep Kumar @ Kukku @ Kakku v. The State Of Bihar

2023-11-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68719 of 2023 Arising Out of PS. Case No.-356 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== AKASHDEEP KUMAR @ KUKKU @ KAKKU son of Late Ghanshyam Yadav village- Chharapatti Panchayat Laxmipur Chandi Asthan Ps- Kumar khand Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 365, 302, 201 and 120B/34 of the Indian Penal Code.

3. As per prosecution case, the son of the informant is alleged to have been killed by the petitioner in connivance with other accused persons.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case on the basis of suspicion. He has committed no offence. He submitted that the police after investigation has submitted final form in favour of the petitioner but the learned Chief Judicial

Patna High Court CR. MISC. No.68719 of 2023(2) dt.01-11-2023 2/2 Magistrate, Madhepura deferring with the police report erroneously taken cognizance against the petitioner. Save and except the suspicion, there is no cogent material has surfaced during course of investigation to show that the petitioner has involved in the alleged occurrence. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 19.10.2022.

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

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 petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Madhepura in connection with Kumar Khand P.S. Case No. 356 of 2022.

(Sunil Kumar Panwar, J) Arish/- U T