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Patna High CourtCR. MISC./65710/2022allowed

Chunnu Singh @ Sunil Kumar v. The State Of Bihar

2023-04-28Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65710 of 2022 Arising Out of PS. Case No.-191 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== Chunnu Singh @ Sunil Kumar S/O Vinod Singh @ Ram Binod Singh @ Vinod Mahto Resident Of Village- Harlochanpur, P.S.- Sakra, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 328 of the Indian Penal Code.

It is alleged by the informant that taking advantage of the drinking habit of her husband, this petitioner got some part of the ancestral property of her husband registered in his name. The informant suspects that this petitioner had killed her husband by giving him poison.

Patna High Court CR. MISC. No.65710 of 2022(4) dt.28-04-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no consistent material evidence against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. There is no eye witness to the occurrence. The petitioner purchased a piece of land from the deceased on 05.12.2018 in which the sister of the deceased was also signed as a witness. The postmortem report suggests that deceased died due to injuries caused by hard and blunt substance which totally negates the case of the prosecution. The petitioner is languishing in custody since 29.08.2022. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period

Patna High Court CR. MISC. No.65710 of 2022(4) dt.28-04-2023 3/3 under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, XII, Muzaffarpur in connection with Sakra P.S. Case No. 191 of 2019.

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