Sonu Kumar @ Sonu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76509 of 2023 Arising Out of PS. Case No.-131 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Sonu Kumar @ Sonu Pandey Son Of Santosh Yadav, Resident Of Village - Lakhanipatti, PS, and Distt- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate Mr. Rabia Gulnaz, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner is apprehending his arrest in a case in connection with Supaul PS Case No. 131 of 2023 dated 19.02.2023, registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code. 3.

As per the prosecution case, the marriage of informant's brother (deceased) was solemnized with one Reena Kumari and out of that wedlock two children were born. It is further alleged that her sister-in-law had developed illicit relationship with one Binod Kumar Paswan. It is further alleged that on 19.02.2023, the informant heard gunshots near her house and when she came out, she found her brother lying on the road in injured condition and his clothes were soaked in blood. The informant surmises that her sister-in-law and Binod Paswan along with other persons had hatched a conspiracy and killed her brother.

Patna High Court CR. MISC. No.76509 of 2023(2) dt.18-12-2023 2/2 4.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case merely on the basis of suspicion and the petitioner is not named in the FIR and during the investigation the name of petitioner was transpired by the co-accused persons, namely Suman Kumar and Md. Gulsher, who confessed the name of the petitioner before the concerned police in their confessional statement. It is further submitted that there is no eye witness to the alleged occurrence. There is nothing material against the petitioner except the confessional statement and he has clean antecedent.

5.

Learned APP for the State has vehemently opposed the bail petition of the petitioner.

6.

Considering the aforesaid facts and circumstances as well as the nature of allegation against the petitioner, let the petitioner named-above, in the event of his arrest / surrender within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Supaul PS Case No. 131 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. 7.

This application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T