Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71797 of 2022 Arising Out of PS. Case No.-830 Year-2022 Thana- BIHTA District- Patna ====================================================== SUMIT KUMAR Son of Subodh Singh @ Vinod Kumar Singh R/o Village - Kishanpur, P.S.- Bihta, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhukar Anand, Advocate Mr. Keshav Kumar, Advocate For the State :

Mr. Binod Kumar, A.P.P.

For the Informant :

Mr. Piyush Saurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2023 Heard the parties.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Prosecution case, in brief, is that all the F.I.R. named accused persons, out of land dispute, under conspiracy, committed murder of the son of the informant namely, Shivam Kishore.

Learned counsel appearing for the petitioner submits that petitioner is not named in the F.I.R. and his named transpired during course of investigation in the confessional statement of co-accused namely, Sonu Kumar. It is next submitted that except the confessional statement, there is no

Patna High Court CR. MISC. No.71797 of 2022(3) dt.19-06-2023 2/2 other material to show his complicity in the aforesaid crime. Moreover, similarly situated co-accused, namely, Chhote @ Amarjeet Kumar, has already been granted anticipatory bail by co-ordinate Bench of this Hon'ble Court vide order dated 27.02.2023 passed in Cr. Misc. No. 65758 of 2022. Petitioner has got clean antecedent.

Learned counsel for the informant vehemently opposes the bail application.

Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Additional Chief Judicial Magistrate-I, Danapur in connection with Bihta P. S. Case No. 830 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T