Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4438 of 2024 Arising Out of PS. Case No.-328 Year-2023 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Santosh Kumar, aged about 26 years (Male), S/O Sanjay Prasad R/O VillageDhaniya Bagicha, P.S- Delha, Distt.- Gaya. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-03-2024 Heard learned counsel appearing on behalf of the parties.
2. The petitioner seeks bail in connection with Magadh Medical P.S. Case No.-328 of 2023 registered for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, it is a case of recovery of a dead body of the husband of the deceased which was thrown in village- Aahar.
4.
Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that petitioner is not named in the FIR and his name surfaced from the co-accused Shekhar Kumar and he ad-
Patna High Court CR. MISC. No.4438 of 2024(3) dt.14-03-2024 2/2 mitted that he is only using mobile of the deceased as mentioned in the impugned order dated 18.10.2023. Petitioner is in custody since 26.07.2023.
5.
Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.
Considering the facts and circumstances of the case, let the petitioner, above named, be directed to be released on bail in connection with Magadh Medical P.S. Case No.328 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Gaya.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T