Patna High CourtCR. MISC./10387/2023allowed

Raju Kumar @ Raju Yadav v. The State Of Bihar

2023-06-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10387 of 2023 Arising Out of PS. Case No.-930 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== Raju Kumar @ Raju Yadav Son Of Prabhu Yadav @ Prabhu Rai R/O Vill.- Dharhara, P.S.- Ara Town, Distt.- Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 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 364, 34 of the IPC and later on Section 302 of the Indian Penal Code was also added.

As per FIR, the allegation against the accused persons is that they kidnapped father of the informant and killed him due to money altercation.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is no eye witness of the alleged occurrence and merely on the basis of confessional statement of co-accused the

Patna High Court CR. MISC. No.10387 of 2023(3) dt.19-06-2023 2/2 petitioner has falsely been implicated in this case. The petitioner is not named in the FIR nor any incriminating article has been recovered from his conscious possession. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 22.11.2022.

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 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 Ara Town P.S. Case No. 930 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 Chief Judicial Magistrate, Bhojpur at Ara.

(Sunil Kumar Panwar, J) manishkumar/- U