Bipin Choudhary @ Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78380 of 2023 Arising Out of PS. Case No.-385 Year-2022 Thana- DEEPNAGAR District- Nalanda ====================================================== BIPIN CHOUDHARY @ BIPIN KUMAR S/O LATE NIERPATI CHOUDHARY R/O VILLAGE- PRABHU VIGHA, P.O- HARGANWAN, P.S- MANPUR, DISTRICT- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 201, 120B and 34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the mother of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Dharmdeo Chaudhary, which has got no evidentiary value in the

Patna High Court CR. MISC. No.78380 of 2023(2) dt.06-12-2023 2/2 eyes of law. There is no specific overt act against the petitioner. He further submitted that from whose confession the name of the petitioner has come into light has already been granted bail by learned Court below itself. On the basis of suspicion, the name of the petitioner has come into light. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 15.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 385 of 2022. (Sunil Kumar Panwar, J) Arish/- U T