Patna High CourtCR. MISC./86535/2023allowed

Pawan Kumar @ Kunal @ Kunal Kumar v. The State Of Bihar

2024-02-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86535 of 2023 Arising Out of PS. Case No.-474 Year-2023 Thana- GAYA KOTWALI District- Gaya ====================================================== Pawan Kumar @ Kunal @ Kunal Kumar S/O Kundan Soni @ Kundan Kumar Mohalla- Agrasen Bhawan Ke Andar, Ps. Kotwali, Dist. Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code.

3. As per prosecution case, some unknown persons killed the son of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of spy. There is no specific overt act against the petitioner. There is no eyewitness to the alleged occurrence, only on the basis of suspicion,

Patna High Court CR. MISC. No.86535 of 2023(3) dt.07-02-2024 2/2 petitioner has been implicated in the present case. From the perusal of the postmortem report, the doctor opined that old injuries have been found on the body of the deceased. He is languishing in judicial custody since 10.08.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya in connection with Kotwali P.S. Case No. 474 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T