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Patna High CourtCR. MISC./79898/2024allowed

Vishnu Kumar v. The State Of Bihar

2025-04-07Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79898 of 2024 Arising Out of PS. Case No.-569 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Vishnu Kumar, S/o- Jank Sah, R/o Village- Semara Bazar, P.S.-Turkauliya, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar II, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-04-2025 Heard Mr. Dhannjay Kumar II, learned counsel for the petitioner and Mr. Manoj Kumar, learned APP for the State.

2. The petitioner has prayed for bail in connection with Turkauliya P.S. Case No. 569 of 2023 registered for the offence punishable under Sections 302, 201 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that one Vishwajeet Kumar has taken away the son of the informant, namely, Amit Kumar. When the informant called his son on his mobile, he was ifnormed that he was dining at marriage party. After some time, his mobile was switch off. During course of investigation, the grandmother and uncle of the deceased have stated that this

Patna High Court CR. MISC. No.79898 of 2024(3) dt.07-04-2025 2/3 petitioner was also with Vishwajeet Kumar while taking the deceased towards marriage party. This petitioner has also given his confessional statement and in confessional statement, he has confessed his guilt. In confessional statement, this petitioner has also stated that Vishwajeet Kumar fired at the deceased on dispute of partition of stolen property.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It has further been submitted that his name has been added during investigation. Even in restatement of the informant, the name of petitioner is not there. There is nothing except the confessional statement of the petitioner. Petitioner is languishing in judicial custody since 09.08.2024.

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, 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.,

Patna High Court CR. MISC. No.79898 of 2024(3) dt.07-04-2025 3/3 East Champaran at Motihari in connection with Turkauliya P.S. Case No. 569 of 2023.

(Ashok Kumar Pandey, J) lata/- U T