Sudhanshu @ Shere v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85282 of 2023 Arising Out of PS. Case No.-311 Year-2023 Thana- RUPASPUR District- Patna ====================================================== SUDHANSHU @ SHERE SON OF SHASHI BHUSHAN SINGH RESIDENT OF VILLAGE- ABHIMANU NAGAR, BANK COLONY, PSRUPASPUR, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar, Adv.

For the Opposite Party/s :

Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Rupaspur P.S. Case No. 311 of 2023 dated 27.04.2023 registered for the offence/s punishable u/ss 302 and 120(b) read with section 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the co-accused persons are alleged to have committed murder of the informant's son due to previous enmity.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of

Patna High Court CR. MISC. No.85282 of 2023(2) dt.30-01-2024 2/2 the petitioner has sprung up in the confessional statement of the co-accused Mamta Kumari @ Pinki Devi and one co-accused Chhotan Singh has stated that one Golu Kumar committed murder of the informant's son. There is nothing material on the record except confessional statement. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Danapur, Patna in connection with Rupaspur P.S. Case No. 311 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T