Rajendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10162 of 2023 Arising Out of PS. Case No.-72 Year-2018 Thana- SAHJAHANPUR District- Patna ====================================================== Rajendra Prasad S/O Late Khadera Singh @ Shivbalak Singh R/O Etwari Tola Arai, P.S.- Shahjahanpur, Distt- Patna.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-06-2023 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, 120B/32 of the Indian Penal Code.

As per prosecution case, the informant alleged that from reliable sources he learnt that his mother has been killed by strangulation by the petitioner and other coaccused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.10162 of 2023(4) dt.22-06-2023 2/3 informant was not an eye witness of the alleged occurrence and land dispute was going between the parties due to which the petitioner has falsely been implicated in this case. The petitioner and his family members were the caretaker of the deceased and she died because she was suffering from prolong sickness. Except suspicion and enmity nothing consistent evidence found against the petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 09.05.2019 passed in Cr. Misc. No. 30655 of 2019. It is further submitted that the petitioner is languishing in judicial custody since 02.10.2018.

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 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 Shahjahanpur P.S. Case No. 72 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the

Patna High Court CR. MISC. No.10162 of 2023(4) dt.22-06-2023 3/3 like amount each to the satisfaction of learned Ist Additional District and Sessions Judge, Patna City, Patna. (Sunil Kumar Panwar, J) manishkumar/- U T