Sujeet Kumar @ Sujeet Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87102 of 2024 Arising Out of PS. Case No.-1260 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Sujeet Kumar @ Sujeet Sahani Son of Jaleshwar Sahani Resident of VillageShekhpur, P.S.- Ahiyapur,Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ahiyapur P.S. case No. 1260 of 2023 instituted for the offences under Sections 302 and 120B of the Indian Penal Code. 3.

Prosecution case, in short, is that on the alleged date and time of occurrence, the accused persons including this petitioner killed the informant's brother-in-law by slitting his throat after hatching conspiracy.

4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. There is specific allegation attributed to the petitioner and petitioner's name features in the first part of the FIR. It is

Patna High Court CR. MISC. No.87102 of 2024(2) dt.16-12-2024 2/2 submitted that the specific allegation of assault is against coaccused, namely, Ravi Kumar. Charge-sheet has been submitted in this case. Similarly situated co-accused persons have already been granted bail by this Court vide orders dated 11.03.2024 & 03.04.2024 passed in Cr. Misc. No. 14674 of 2024 and Cr. Misc. No. 24404 of 2024, respectively. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.09.2024 and has one criminal antecedent.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ahiyapur P.S. case No. 1260 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T