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Patna High Court/74095/2022allowed

Kishu Murmur @ Krishna Murmur v. The State Of Bihar

2023-04-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73722 of 2022 Arising Out of PS. Case No.-60 Year-2022 Thana- KHARHAGPUR District- Munger ====================================================== RANJEET KUMAR HEMBRUM Son of Late Raghubir Hembrum Resident of Village- Ubhian Vanvarsha, P.S.- Bariyarpur, District- Munger ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 74095 of 2022 Arising Out of PS. Case No.-60 Year-2022 Thana- KHARHAGPUR District- Munger ====================================================== KISHU MURMUR @ KRISHNA MURMUR Son of Late Jaipal Resident of Village - Ubhi Banbarsa, P.S.- Bariarpur, District - Munger. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 73722 of 2022) For the Petitioner/s :

Mr.Kumar Kamal Nayan For the Opposite Party/s :

Mr.Arun Kumar Singh (In CRIMINAL MISCELLANEOUS No. 74095 of 2022) For the Petitioner/s :

Mr.Puja Kumari For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case

Patna High Court CR. MISC. No.73722 of 2022(3) dt.21-04-2023 2/3 instituted for the offence under Sections 302, 201, 120B, 427 of the Indian Penal Code.

The allegation against the petitioners along with others is of killing the younger brother of the informant. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. He submitted that the petitioners are not named in the FIR. There is no specific overt act against these petitioners of killing the deceased, during investigation the name of the petitioners have come into light. There is general and omnibus allegation against these petitioners. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. Petitioner namely, Ranjeet Kumar Hembrum is languishing in judicial custody since 04.03.2022 and petitioner namely, Kishu Murmur @ Krishna Murmur is in judicial custody since 03.09.2022.

The application for bail is opposed by learned APP for the State and submitted that during investigation one eyewitness namely, Bagrelal Mandal, who identified these petitioners in commission of murder at the time of place of occurrence.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.73722 of 2022(3) dt.21-04-2023 3/3 considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.-IInd, Munger/concerned Court in connection with Kharhagpur P.S. Case No. 60 of 2022.

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