Patna High CourtCR. MISC./73174/2023disposed

Bitu Kumar v. The State Of Bihar

2023-11-09Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73174 of 2023 Arising Out of PS. Case No.-259 Year-2021 Thana- PARSABAZAR District- Patna ====================================================== BITU KUMAR Son of Late Jitendra Singh R/o vill - Khaira, P.S. - Naubatpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-11-2023 Heard the learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Parsa Bazar P.S. Case No. 259 of 2021, registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The informant of this case is son the deceased. As per allegation, the petitioner and his two brothers committed murder of the deceased.

4. The learned counsel for the petitioner has submitted that the petitioner and other two accused persons are the sons of the deceased, born from first wife of the deceased and the informant is also his son, born from second wife of the deceased. The two own brothers of the petitioner reside in the village whereas the petitioner

Patna High Court CR. MISC. No.73174 of 2023(2) dt.09-11-2023 2/2 was working in HPCL, Mumbai on the day of occurrence. His name has figured in confessional statement of his brothers residing in village. He has submitted further that the two brothers of the petitioner have been granted bail by this Court.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. The petitioner is directed to surrender before the learned court below and makes a prayer for bail. I do not see any reason why the same benefit as given to petitioner's brothers, should not be provided to the petitioner, if his case is exactly similar to them.

7. With these observations, this petition is disposed of. (Nawneet Kumar Pandey, J) kundan/- U T