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Patna High CourtCR. MISC./4640/2018allowed

Sumit Kumar v. The State Of Bihar

2018-02-23Mr. Justice Arun Kumar1 pages

Patna High Court Cr.Misc. No.4640 of 2018 (3) dt.23-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4640 of 2018 Arising Out of PS.Case No. -109 Year- 2017 Thana -ASARGANJ District- MUNGER ====================================================== Sumit Kumar S/o Pappu Singh @ Prabhakar Singh, R/o VillageChourgaon, P.S.- Asarganj, District- Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 23-02-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Asarganj PS Case No. 109 of 2017 registered under Section 302/34 of the IPC. The allegation in brief is that the informant's son was called by accused Sudhasnshu Kumar and thereafter he did not return back, next day his dead body was found and it is suspected that Sujeet Kumar and Sudhanshu Kumar have killed the informant's son.

Learned Counsel for the petitioner submits that the petitioner is not named in the FIR, the deceased was called by Sudhanshu Kumar @ Fekia and on the basis of confessional statement of Sudhanshu Kumar and the self confessional statement of the petitioner he has been implicated, Sudhanshu Kumar has not stated in his statement that he had assaulted the deceased, the petitioner has no criminal antecedent and investigation of the case has been completed.

Having considered the said facts and circumstances, the petitioner, namely, Sumit Kumar is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Munger in connection with Asarganj PS Case No. 109 of 2017. (Arun Kumar, J.) Snkumar/- U T