Dinkar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73979 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== DINKAR KUMAR S/O VIJAY PRASAD R/O VILLAGE- BHAWANI BIGHA, P.S- WARISALIGANJ, DISTT.- NAWADA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-11-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Warisaliganj P.S. Case no. 69 of 2023 registered under sections 302, 201 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that while the function of marriage was going on, he found his brother missing. The informant and others started to search for him. Soon thereafter, he was found lying in the agricultural land and the informant states that he saw the four accused persons running away from the place where the dead body of his deceased brother was found. Among the accused persons where the petitioner herein as also Dheeraj Kumar, Sunil Kumar and
Patna High Court CR. MISC. No.73979 of 2023(2) dt.29-11-2023 2/3 Prabhat Kumar.
4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Even as per the allegation in the FIR, the informant is not an eye witness to the occurrence. At best, the case against the petitioner is one of last seen. He is in custody since 24.04.2023 and his case stands on a similar footing to that of co-accused Dheeraj Kumar who has been enlarged on bail vide order dated 10.10.2023 passed in Cr. Misc. no. 63411 of 2023 and Sunil Kumar who has been enlarged on bail vide order dated 24.08.2023 passed in Cr. Misc. no. 41505 of 2023.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the material that has transpired in course of investigation, grant of bail to the above named co-accused, the petitioner having remained in custody for more than 7 months since 12.4.2023 and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Warisaliganj P.S. Case no. 69 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.73979 of 2023(2) dt.29-11-2023 3/3 learned Judicial Magistrate, 1st Class, Nawada. (Partha Sarthy, J) jyoti/- U