Sandesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74529 of 2023 Arising Out of PS. Case No.-196 Year-2019 Thana- AMNAUR District- Saran ====================================================== Sandesh Kumar Son Of Sri Mohan Prasad Resident Of Salukhya, P.S.- Amnour, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail who is languishing in judicial custody in a case registered for the offence punishable under sections 328 and 302 of the Indian Penal Code.

3. As per FIR, an unknown lady was found in unconscious condition thereafter she was sent to the hospital where she died during the course of treatment.

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 merely on suspicion. The petitioner is not named in FIR rather his name came on the basis of Scorpio vehicle from which the lady was thrown. It is further

Patna High Court CR. MISC. No.74529 of 2023(2) dt.02-12-2023 2/2 submitted that the husband of the deceased took the said vehicle from the petitioner to take her to hospital. It is also submitted from para-12 of this petition that husband of the deceased has already been acquitted from this case in Session Trial No. 299 of 2020. Nothing consistent material has come against the petitioner to implicate in this case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. Learned APP appearing for the state has 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 Amnour P.S. Case No. 196 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Chapra at Saran.

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