← Library
Patna High CourtCR. MISC./6316/2022bail granted

Dhiraj Kr. @ Sumit @ Chunnu @ Dhiraj Kumar @ Sumit Kumar @ Chunnu v. The State Of Bihar

2022-06-14Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6316 of 2022 Arising Out of PS. Case No.-544 Year-2021 Thana- SONEPUR District- Saran ====================================================== Dhiraj Kr. @ Sumit @ Chunnu @ Dhiraj Kumar @ Sumit Kumar @ Chunnu S/o Lagandeo Rai @ Lagan Deo Prasad Ray R/o village- Rahardiyara, P.S.- Sonpur, District- Saran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Ms. Preety Kunwar, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within four weeks from today.

The petitioner seeks regular bail in connection with Sonepur P.S. Case No. 544 of 2021 instituted for the offences punishable under Sections 302 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 26.09.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. The prosecution case in short is that when the informant came to see his Aunt (Fua) at Sonepur Railway quarter, then he saw that the door of the quarter was partially closed, when the informant opened the door then he found that his Aunt was lying on the bed and in a pool of blood. Thereafter he removed the cloth from her face and found that his aunt was

Patna High Court CR. MISC. No.6316 of 2022(2) dt.14-06-2022 2/2 murdered by hammering. In this regard, F.I.R was lodged against unknown persons.

Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He has been made accused merely on the basis of suspicion and self confessional statement before police. It is also submitted that no other material on record against the petitioner is available and there is no eye-witness of the occurrence. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 26.09.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran in connection with Sonepur P.S. Case No. 544 of 2021.

(Khatim Reza, J) Gaurav Kumar/- U T