Patna High CourtCR. MISC./67590/2023allowed

Gautam Krishna v. The State Of Bihar

2023-12-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67590 of 2023 Arising Out of PS. Case No.-75 Year-2023 Thana- HABIBPUR District- Bhagalpur ====================================================== Gautam Krishna Son Of Late Shambhu Pandit Village- Kajwali Chak PsTatarpur Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the petitioner along with other co-accused is that they committed murder of the brother of the informant. Money dispute was going on between the deceased Rakesh Kumar and co-accused Kunal Kumar and Dipesh Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. Informant is not eye witness of the alleged occurrence. Nothing

Patna High Court CR. MISC. No.67590 of 2023(3) dt.11-12-2023 2/2 consistent material has come against the petitioner in respect of commission of murder. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 02.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Habibpur P.S. Case No. 75 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur.

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