Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68756 of 2023 Arising Out of PS. Case No.-273 Year-2023 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

Suman Kumar Son Of Binod Mehta Resident Of Village - Jaimangla, Ward No.3, P.S. - Krityanand Nagar (Champa Nagar), District - Purnea 2.

Rajesh Kumar Son Of Late Janardan Paswan Resident Of Village - Damgara, Ward No.14, P.S. - Dhamdaha, District - Purnea ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Charge sheet is submitted u/s 279, 304(A), 414 of the IPC.

3. It is a case of commission of murder to the informant's son, namely, Amit Kumar by the petitioner in connivance with other accused persons. It is further submitted that accused persons tried to give a color of road accident to this murder case.

Patna High Court CR. MISC. No.68756 of 2023(3) dt.16-01-2024 2/3

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There is no direct evidence against the petitioner. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Petitioner was friend of the deceased and there was no motive behind the murder. As per postmortem report, doctor has given his opinion regarding cause of death of deceased due to hemorrhage and shock caused due to road traffic accident. Police also found that deceased met with an accident and filed chargesheet u/s 279, 304(A), 414 IPC. Petitioner is languishing in judicial custody since 10.05.2023.

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, 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

Patna High Court CR. MISC. No.68756 of 2023(3) dt.16-01-2024 3/3 of the learned CJM, Purnea in connection with K. Nagar (Champanagar) P.S. Case No. 273 of 2023.

(Sunil Kumar Panwar, J) sushma/- U