Lucky Kumar @ Lakki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75277 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== Lucky Kumar @ Lakki Kumar Son Of Lal Babu Rai @ Panchu Rai VillageBada Bariyarpur, Ps- Chhatauni Dist- E.Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506, 379, 34, 302 of the Indian Penal Code.

It is a case of commission of murder of the husband of the informant by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.75277 of 2023(3) dt.22-01-2024 2/3 been implicated in this case. The informant is not the eye witness to the occurrence. For the alleged occurrence of 28.02.2023, F.I.R was registered on 03.03.2023 without explaining the delay. From bare perusal of the F.I.R, it appears that there is general and omnibus allegation of inflicting knife to the deceased is against the petitioner and others. The postmortem report does not corroborate the case of the prosecution. The petitioner is languishing in custody since 08.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 18.01.2024 passed in Cr. Misc. No. 84569 of 2023. In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period

Patna High Court CR. MISC. No.75277 of 2023(3) dt.22-01-2024 3/3 under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Chhatauni P.S. Case No. 124 of 2023.

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