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Patna High CourtCR. MISC./1172/2023allowed

Amarjeet Kumar v. The State Of Bihar

2023-04-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1172 of 2023 Arising Out of PS. Case No.-113 Year-2022 Thana- PANDARAK District- Patna ====================================================== Amarjeet Kumar S/O Balmiki Yadav Resident Of Village- Pipariya Diyara, P.S.- Pipariya, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 341, 302, 379, 120B/34 of the IPC and Section 27 of the Arms Act. As per prosecution case, informant alleged that while his father was returning home, in the meantime, coaccused namely, Manoj Kumar along with some unknown persons killed his father and taken away his tractor. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused namely, Pintu kumar. Neither the petitioner is named in the FIR nor anything has

Patna High Court CR. MISC. No.1172 of 2023(3) dt.27-04-2023 2/2 been recovered from his conscious possession. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 19.04.2023 passed in Cr. Misc. No. 745 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 15.08.2022.

Learned APP appearing for the state, learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pandarak P.S. Case No. 113 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh District, Patna.

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