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Patna High CourtCR. MISC./69326/2023allowed

Krishna Kumar v. The State Of Bihar

2024-01-24Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69326 of 2023 Arising Out of PS. Case No.-170 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== Krishna Kumar Son Of Raj Tilak Chauhan R/O Vill - Sirnama, P.S. - Bena, Distt. - Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 325, 307, 302, 120(B) of the Indian Penal Code.

As per the allegation in F.I.R., mother of Vinay Kumar and one Aman Kumar were assaulted by unknown persons. During the course of treatment, Mother of Vinay Kumar, namely, Jaimanti Devi succumbed to injuries.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.69326 of 2023(4) dt.24-01-2024 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor there is any consistent evidence against him. Nothing incriminating has been recovered from the conscious possession of the petitioner. The name of petitioner sprang up in this case on the basis of confessional statement of co-accused Shiwani Kumari. Moreover, the petitioner is languishing in judicial custody since 09.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Khusrupur P.S. Case No. 170 of

Patna High Court CR. MISC. No.69326 of 2023(4) dt.24-01-2024 3/3 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional district & Sessions Judge II, Patna City.

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