Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9269 of 2023 Arising Out of PS. Case No.-148 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== ROHIT KUMAR S/O SANJAY PASWAN Resident of Village- Lodi Katra P.S.- Chowki, P.S.- Khajekalan, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code.

As per prosecution case, one dead body is lying in Jalkumbhi at Bena Sah ke Bag and his head was covered with plastic bora. The informant proceed for confirmation and found a dead body was lying the Jalkumbhi and carried the dead body for identification and postmortem at N.M.C.H. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. On the basis of confessional statement of co-accused Pawan Kumar,

Patna High Court CR. MISC. No.9269 of 2023(2) dt.03-05-2023 2/2 the name of the petitioner has come into light, which has got no evidentiary value in the eyes of law. There is no consistent evidence no eye-witness to show that the petitioner has involved in the said crime. He is languishing in judicial custody since 29.09.2022.

The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Patnacity, Patna in connection with Mehandiganj P.S. Case No. 148 of 2022.

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