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Patna High CourtCR. MISC./80/2023allowed

Om Kumar @ Onkar Kumar v. The State Of Bihar

2023-03-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80 of 2023 Arising Out of PS. Case No.-658 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== Om Kumar @ Onkar Kumar Son Of Ashok Verma R/O Village- Ajwan, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of Arms Act.

As per allegation in the FIR, informant's son has been shot dead by unknown miscreants.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner is not named in the F.I.R and his name sprang up merely on the basis of suspicion. There is no eye witness of the alleged occurrence.

Patna High Court CR. MISC. No.80 of 2023(2) dt.24-03-2023 2/2 It is also submitted that petitioner is languishing in judicial custody since 06.08.2022. Moreover, similarly situated several co-accused persons have been granted bail by several co-ordinate Benches of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Naubatpur P.S. Case No. 658 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. VI, Danapur.

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