Sudhakar Kumar @ Sudhakar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83753 of 2023 Arising Out of PS. Case No.-167 Year-2023 Thana- SANGRAMPUR District- Munger ====================================================== SUDHAKAR KUMAR @ SUDHAKAR SINGH SON OF SHIVJEE SINGH RESIDENT OF VILLAGE- TATIYA, PS- SANGARAMPUR (TATIYA BAMBOR), DISTT- MUNGER ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar Jha For the Opposite Party/s :
Mr.Jharkhandi Upadhyay For the Informant :
Mr. Jyoti Ranjan Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sangrampur (Tetiabambor) P.S. Case No. 167 of 2023 registered on 30.06.2023 lodged under Sections 302, 201, 379, 120B/34 of the I.P.C. and Section 25(1-b)a, 26(i), 27/35 of the Arms Act
3. As per the prosecution case, F.I.R. has been lodged against two named accused persons other than the present petitioner against whom there is an allegation that he has killed informant's son by the gunshot.
4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that informant himself disclosed strong suspicion against the two
Patna High Court CR. MISC. No.83753 of 2023(3) dt.21-03-2024 2/3 named accused person who used to come to the house of the informant regularly and with whom there is frequent transaction of money. Counsel further submits that petitioner is constable in N.D.R.F under Ministry of Home Affairs posted at Tamil Nadu and on the date of occurrence, he was present at his duty at Tamil Nadu and in this regard, an attendance certificate has been issued by his Assistance Commandant which is annexed as Annexure-2. Counsel submits that his name has been figured in this case by virtue of one of the co-accused namely Jitendra Kumar that the present petitioner is also involved in the conspiracy of committing murder of the informant's son. Counsel further submits that petitioner is in custody since 13.09.2023 having no criminal case pending against him, in which he is on bail. Counsel further submits that he himself communicated to his Superior Officials in this regard.
5. Learned counsel for the State opposes the prayer for bail.
6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that there is direct involvement of the petitioner is commission of the crime i.e. murder of the informant's son.
7. In the present facts and circumstances of this case
Patna High Court CR. MISC. No.83753 of 2023(3) dt.21-03-2024 3/3 and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Munger in connection with Sangrampur (Tetiabambor) P.S. Case No. 167 of 2023, subject conditions laid down under Section 437 (3) of the Cr.P.C.
(Dr. Anshuman, J) Sunnykr/- U