Harendra Kumar @ Harendra Rajwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4152 of 2023 Arising Out of PS. Case No.-23 Year-2021 Thana- AGRER District- Rohtas ====================================================== Harendra Kumar @ Harendra Rajwar Son of Gyan Chandra Rajwar @ Ram Chandra Rajwar Resident of Village- Kunwa, P.S.- Agrer, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwary For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

As per prosecution case, the allegation against the petitioner is that he had committed murder of the informant's husband and thrown the dead body of the deceased at southern side of village in badhar in order to hide the evidence. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. There is no eye witness of the alleged occurrence and during course of investigation no consistent material has come to show the involvement of the petitioner in the alleged

Patna High Court CR. MISC. No.4152 of 2023(3) dt.04-07-2023 2/2 occurrence. Nothing incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 27.08.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of 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 Agrer P.S. Case No. 23 of 2021 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, Rohtas at Sasaram.

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