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Patna High CourtCR. MISC./5257/2024allowed

Chhanguri Kumar @ Chhaguri Kumar v. The State Of Bihar

2024-05-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5257 of 2024 Arising Out of PS. Case No.-212 Year-2023 Thana- FALKA District- Katihar ====================================================== Chhanguri Kumar @ Chhaguri Kumar Son of Bisamber Roy Resident of Village- Bakhari, P.S.- Falka, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghvendra Kumar Singh For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 201 of the Indian Penal Code.

3. The prosecution case is that the informant found an unknown dead body which was thrown in bush after committing murder.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name has come in this case on the basis of confessional statement of co-accused Soni Devi during investigation. Nothing consistent material has come against the

Patna High Court CR. MISC. No.5257 of 2024(4) dt.14-05-2024 2/2 petitioner in respect of this alleged offence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 21.03.2024 in Cr. Misc. No. 83348 of 2023. Moreover, the petitioner is languishing in judicial custody since 16.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Falka (Pothia) P.S. Case No. 212 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar. (Sunil Kumar Panwar, J) Shubham/- U T