Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 72238 of 2023 Arising Out of PS. Case No.-214 Year-2023 Thana- PIPRA District- Supaul ====================================================== Chandan Kumar Son Of Manoj Mukhiya R/O Village- Babhani Bhelwa (DHUNAHA), Ward No.14, P.S.- Gamharia, District- Madhepura ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 77940 of 2023 Arising Out of PS. Case No.-214 Year-2023 Thana- PIPRA District- Supaul ====================================================== Prince Kumar S/O Dhaniklal Yadav R/O Village- Rajpur, P.S- Pipra, Distt.- Supaul.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 72238 of 2023) For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar (In CRIMINAL MISCELLANEOUS No. 77940 of 2023) For the Petitioner/s :

Mr.Jata Shankar Jha For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Pipra P.S. Case No. 214 of 2023 registered under sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No. 72238 of 2023(3) dt.13-12-2023 2/3 Allegation against the petitioners along with other coaccused persons is that they committed murder of the informant's husband along with one person, namely, Sikandar Das by opening fire.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case due to previous enmity. They are not named in FIR rather their name came into light in this case on the basis of confessional statement of other coaccused person, namely, Dashrath Kumar who said that petitioner, namely, Chandan Kumar had provided a country made pistol to him which was alleged to be used in this offence. Nothing consistent material has come against the petitioners except so-called confessional statement of co-accused which has got no evidentiary in the eye of law. No eye witness of the alleged occurrence and also nothing incriminating article has been recovered from their conscious possession. Moreover, they are languishing in judicial custody since 12.07.2023 The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as

Patna High Court CR. MISC. No. 72238 of 2023(3) dt.13-12-2023 3/3 the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Pipra P.S. Case No. 214 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned I/C Chief Judicial Magistrate, Supaul.

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