Puroshotam Kumar @ Purushatam Kumar @ Happy Kumar @ Happy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69926 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Puroshotam Kumar @ Purushatam Kumar @ Happy Kumar @ Happy S/O Shashi Bhushan Singh R/O Village- Udwant Nagar, P.S- Udwant Nagar, Distt.- Bhojpur, At Present- Resident At Adrsh Shekhpura, P.S- Ram Krishna Nagar, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 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 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. It is a case of commission of murder of the son of the informant by unknown miscreants.

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. The petitioner is not named in FIR rather his name came into light in this case merely on suspicion. No any consistent material has come against the petitioner and also there is no eye witness of the alleged

Patna High Court CR. MISC. No.69926 of 2023(3) dt.16-01-2024 2/2 occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 30.08.2023 in Cr. Misc. No. 44969 of 2023. Moreover, the petitioner is languishing in judicial custody since 21.01.2023.

5. Learned APP appearing for the state and learned counsel for the informant have 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 Ram Krishna Nagar P.S. Case No. 40 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 Additional Sessions Judge, XIII, Patna. (Sunil Kumar Panwar, J) Shubham/- U T