Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67231 of 2023 Arising Out of PS. Case No.-485 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Vivek Kumar S/O- Dilip Das R/O- Village- Rampur Khurd P.S.- Madhushudampur (Nathnagar) Dist.- Bhaglpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case in nutshell is that informant's husband has gone to search for the job but did not return back. Next morning, she came to know that dead body of his husband has been found. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.67231 of 2023(3) dt.06-12-2023 2/3 falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor the informant is eye witness of the alleged offence. The name of petitioner sprang up during investigation of the case. Moreover, the petitioner is languishing in judicial custody since 15.6.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused, namely, Ashu Kumar has been granted bail vide order dated 11.10.2023, passed in Cr. Misc. No. 61343 of 2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Nathnagar (Madhushudanpur) P.S. Case No. 485 of 2023 on furnishing bail bond of

Patna High Court CR. MISC. No.67231 of 2023(3) dt.06-12-2023 3/3 Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur.

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