Sahil Kumar @ Bakku @ Sahil Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1848 of 2023 Arising Out of PS. Case No.-215 Year-2022 Thana- PARSABAZAR District- Patna ====================================================== Sahil Kumar @ Bakku @ Sahil Raj Son Of Naresh Prasad R/V- Natthupur, P.S.- Parsa Bazar, District- Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 4582 of 2023 Arising Out of PS. Case No.-215 Year-2022 Thana- PARSABAZAR District- Patna ====================================================== Manish Kumar @ Pappu Kumar @ Pappu Son Of Ashok Ram @ Ashok Prasad Resident Of Gaytri Nagar, Brahm Asthani Bihind Union Bank, Kurthaul, Ps- Parsa Bazar Dist- Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 1848 of 2023) For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr.Binod Kumar (In CRIMINAL MISCELLANEOUS No. 4582 of 2023) For the Petitioner/s :

Mr.Prem Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 Heard learned counsel for the petitioners, informant and learned A.P.P appearing on behalf of the State.

The petitioners are languishing in custody in a case registered for the offences punishable under

2/4 Sections 302/34/120(B) of the Indian Penal Code. As per the prosecution story, the deceased brother of the informant left his house by stating that Pappu Kumar and Vicky Kumar, the petitioners had called him in order to give him money. He left his house at 6:30 P.M, later on the informant came to hear the rumour that his brother has been killed by means of strangulation and his dead body is lying at Parsuramchak field. On this information, the informant went there and found that his brother had been done to death by strangulation.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The informant is not the eye witness to the occurrence. There is general and omnibus allegation against the petitioners. No specific overt act has been alleged against the petitioners. There is no consistent material evidence against the petitioners and only on the basis of suspicion, the petitioners have

3/4 been roped in the present case. Moreover, other coaccused has been granted bail by a coordinate Bench of this Court vide order dated 15.05.2023 passed in Cr. Misc. No. 63777 of 2022. The petitioners are languishing in custody since 19.06.2022 and 17.06.2022 respectively. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioners and submitted that on call made by the petitioners, the brother of the informant went out at his house and thereafter the informant received information about the death of his brother.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like

4/4 amount each to the satisfaction of learned Additional Sessions Judge-XIII, Patna in connection with Parasa Bazar P.S. Case No. 215 of 2022.

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