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Patna High CourtCR. MISC./6092/2023allowed

Rajesh Singh v. The State Of Bihar

2023-02-07Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60922 of 2022 Arising Out of PS. Case No.-183 Year-2022 Thana- NAVINAGAR District- Aurangabad ====================================================== MADAN KUMAR @ MADAN RAM Son of Sanwari Ram Resident of Village - Itwan, P.S.- Tandwa, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Anand For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2023 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 364, 302 of the Indian Penal Code.

Prosecution case relates to commission of murder of informant's father namely, Anil Kumar Pandey and a lady Moni Saxena. The informant further alleged that his father has been killed by one Abhimanyu Singh due to money dispute. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this present case. The name of the petitioner came

Patna High Court CR. MISC. No.60922 of 2022(3) dt.15-02-2023 2/3 into light on the basis of confession made by the co-accused namely, Abhimanyu Singh and as per his confessional statement, he called the petitioner with his vehicle but fact is that the same was not concern with the petitioner. The owner of the alleged vehicle is one Amit Kumar, who gave his vehicle to his relative namely, Sonu Kumar used to manage two more vehicles apart from this, on rent and the petitioner is one of the driver. The main accused of this case Abhimanyu Singh has confessed his guilt to murder of deceased namely, Amit Kumar Pandey and Moni Saxena. Except confessional statement, there is no consistent material against this petitioner. He has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 11.07.2022.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nabinagar P.S. Case No. 183 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.60922 of 2022(3) dt.15-02-2023 3/3 Judicial Magistrate, 1st Aurangabad.

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