Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1604 of 2023 Arising Out of PS. Case No.-127 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== Bhola Kumar Son Of Hanslal Bhagat R/V- Kashi Pakari, P.S- Rajepur, DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 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 connection with Rajepur P.S. Case No. 127 of 2021 registered under sections 302, 120B and 34 of the Indian Penal Code.

Prosecution case relates to commission of murder of the informant's father by the accused persons including this petitioner, when the informant along with his father were going to Muzaffarpur.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.1604 of 2023(2) dt.28-03-2023 2/3 falsely been implicated in this case due to village politics. It is further submitted that there is no specific allegation against the petitioner rather general and omnibus allegation has been levelled against all the accused persons including this petitioner. There is no any consistent evidence to show his specific complicity in the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent and he is languishing in judicial custody since 11.07.2022. Similarly situated other co-accused person has already been granted bail by the different coordinate Bench of this Court vide order dated 26.07.2022 in Cr. Misc. No. 1709 of 2022.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rajepur P.S. Case No. 127 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 Chief

Patna High Court CR. MISC. No.1604 of 2023(2) dt.28-03-2023 3/3 Judicial Magistrate, East Champaran at Motihari. (Sunil Kumar Panwar, J) shubham/- U T