Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.919 of 2024 Arising Out of PS. Case No.-200 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Kunal Kumar S/O SRI ANIL KUMAR @ ANIL YADAV R/O VILL TILKODA P.S. MURLIGANJ, DISTRICT MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Verma, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2024

1. Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Murliganj P.S Case no.200 of 2023 registered under sections 302, 341, 342, 323, 386, 120B, 504 and 506 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that as a result of firing resorted to by the accused Sunil Verma, Anil Yadav, Bauaa Yadav and Nitish Kumar, her husband sustained gunshot injuries and died. She further states that from the local people it transpired that the three other named accused persons including the petitioner herein had worked as a liner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case at the instance

Patna High Court CR. MISC. No.919 of 2024(2) dt.24-01-2024 2/2 of his local enemies. Even as per the contents of the FIR, no overt-act has been alleged against him. He is in custody since 28.5.2023 and charge-sheet has been submitted in the case. He has no criminal antecedent.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R against the petitioner, the specific allegation of firing being on the above named four accused persons and not the petitioner herein, his being in custody for about 8 months since 28.5.2023, his not having any criminal antecedent and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Murliganj P.S Case no.200 of 2023 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 Judicial Magistrate 1st Class, Madhepura.

(Partha Sarthy, J) Shiv/- U