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Patna High CourtCR. MISC./73533/2022bail granted

Sanni Kumar v. The State Of Bihar

2023-05-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73533 of 2022 Arising Out of PS. Case No.-167 Year-2022 Thana- SARMERA District- Nalanda ====================================================== SANNI KUMAR S/O Sanjay Paswan R/O village- Pedi, P.S- Sarmera, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhinay Raj For the Opposite Party/s :

Mr.Umesh Lal Verma Mr. Kameshwar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-05-2023 Pursuant to order dated 03.05.2023, Investigating Officer of the case is personally present in court. His personal appearance is dispensed with.

Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under Section 303/ 34 of the Indian Penal Code.

As per the prosecution case, dead body of son of the informant was found in a Payin in Badhar leading to registration of FIR against unknown.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has transpired in this case during the course of investigation in

Patna High Court CR. MISC. No.73533 of 2022(3) dt.19-05-2023 2/2 the confessional statement of co-accused and except that there is no material against this petitioner to show his complicity in the aforesaid crime. Petitioner has got clean antecedent. Learned counsel appearing for the State and the informant opposed the prayer for anticipatory bail and submitted that co-accused, Prince Kumar in his confessional statement stated that this petitioner assaulted the deceased with Garasa.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda in connection with Sarmera PS case No. 167/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T