Sadhu Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7674 of 2023 Arising Out of PS. Case No.-633 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== Sadhu Nat Son Of Late Sabadul Nat Resident Of Village- Saraiya Nat Toli, P.S.- Barhara (Krishanagarh O.P.), District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201, 120(B), 34 of the Indian Penal Code.

The prosecution case as per F.I.R is that on 30.08.2022 at about 7:00 P.M, the co-villager of the informant namely Somaru Nat, called away Neeraj Kumar, grandson of the informant from the house but till late night, his grandson could not return home then informant went at the house of Somaru Nat and inquired

Patna High Court CR. MISC. No.7674 of 2023(3) dt.02-05-2023 2/3 about his grandson but no one could not disclose clearly. In the morning of 31.08.2022, the informant received information that his grandson was murdered by slit his neck near the brick-klin.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant is not the eye witness to the occurrence and the petitioner has been implicated in this case only on the basis of suspicion. There is no consistent material evidence against the petitioner. It is only alleged against the petitioner that he conspired in the commission of murder but no evidence with regard to the same has come during the course of investigation. The independent witnesses in their statements have also not named the petitioner. The petitioner is languishing in custody since 02.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned A.P.P for the State has vehemently

Patna High Court CR. MISC. No.7674 of 2023(3) dt.02-05-2023 3/3 opposed the prayer for bail of the petitioner and submitted that petitioner is named in the F.I.R and he is alleged to have conspired in the commission of murder of the grandson of the informant.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara (Krishanagarh O.P) P.S. Case No. 633 of 2022.

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