Arun Kumar @ Arun Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73891 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- JAMHOR District- Aurangabad ====================================================== ARUN KUMAR @ ARUN KUMAR SONI S/O GOPAL PRASAD SONI VILLAGE- DEOHARA, PS. GOH, DIST. AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar No.6 For the Opposite Party/s :

Mr.Anita Kumari ====================================================== 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 in a case registered for the offence punishable under sections 302 and 394 of the Indian Penal Code.

3. As per FIR, while the younger brother of the informant was returning from Kolkata via train, some unknown miscreants jumped out of the train along with the younger brother of the informant and after looting his belongings they killed him.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the FIR and he has falsely been implicated in this present case merely on

Patna High Court CR. MISC. No.73891 of 2023(2) dt.02-12-2023 2/2 the basis of confessional statement of co-accused. The informant is not an eye witness of the alleged occurrence and there is no specific allegation levelled against the petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 04.08.2023 passed in Cr. Misc No. 35013 of 2023. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.3.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jamhore P.S. Case No. 25 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge IV, Aurangabad.

(Sunil Kumar Panwar, J) sushma/- U