Patna High CourtCR. MISC./82015/2023allowed

Sujeet Kumar @ Sujit Kumar v. The State Of Bihar

2024-01-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82015 of 2023 Arising Out of PS. Case No.-176 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Sujeet Kumar @ Sujit Kumar, S/O Lalu Paswan, Village- Asatpur Satpura, P.S.- Bhagwanpur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 176 of 2023 for the offence registered under Sections 302 and 34 of the I.P.C.

3. As per prosecution case, an altercation took place between the petitioner and one Vikash Kumar and when the victim tried to pacify them they became violent and assaulted him causing him death.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. In the post-mortem report no any external or internal injury have been found on the body of the deceased. There is no eye-witness of the alleged occurrence. There is no

Patna High Court CR. MISC. No.82015 of 2023(2) dt.11-01-2024 2/2 specific allegation of assault against the petitioner and no motive has been stated behind the alleged occurrence. In fact, the deceased was aged about 70 years and he died due to his old age ailments. Petitioner is in jail custody since 19.07.2023 having no criminal antecedent.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Bhagwanpur P.S. Case No. 176 of 2023.

(Sunil Dutta Mishra, J) khushbu/- U T