Tuntun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68436 of 2022 Arising Out of PS. Case No.-176 Year-2022 Thana- PIRPAINTI District- Bhagalpur ====================================================== TUNTUN KUMAR S/O Late Rajeshwar Kumar R/O Village- Farda, P.SNaya Ram Nagar, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeeb Kumar Sanju, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Pirpainty (Bakharpur) P.S. Case No. 176 of 2022 registered for the offence(s) punishable under Section(s) 364/34 of the Indian Penal Code.

As per the prosecution, the informant's brother was abducted by this petitioner along with co-accused persons. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR, his name surfaced in the confessional statement of coaccused Bihari Kumar Mandal given before the police and the said fact is mentioned in the order impugned also, in fact the petitioner is a relative of Sudama Thakur owing to which he has

Patna High Court CR. MISC. No.68436 of 2022(2) dt.24-03-2023 2/2 been falsely implicated in this case and he belongs to other village and he is not co-villager of the informant and he has been languishing in jail since 13.06.2022 having fair and clean antecedent and chargesheet has been submitted against him. Further submission is that named co-accused Sonu Kunwar @ Sonu Kumar Kunwar has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 48002 of 2022 and the case of this petitioner stands on better footing from the said co-accused Learned APP appearing for the State has opposed the bail prayer.

In view of the facts, as stated above, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Pirpainty (Bakharpur) P.S. Case No. 176 of 2022.

(Shailendra Singh, J) Sanjay/- U T