Pintu Rai @ Pintu Kumar @ Chotak Ray @ Chotak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13610 of 2023 Arising Out of PS. Case No.-234 Year-2022 Thana- NAWANAGAR District- Buxar ====================================================== Pintu Rai @ Pintu Kumar @ Chotak Ray @ Chotak Son Of Saral Rai @ Saral Ray Resident Of Village- Budhaila, P.S.- Nawanagar, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aditya Nath Pandey For the Opposite Party/s :
Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 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, 34 of the Indian Penal Code.
As per prosecution case, the allegation against the accused persons including the petitioner is that they committed murder of the informant's elder father. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of his self confession which does not get evidientiary value in the eye of law. He has got no criminal antecedent. The informant is not an eye witness of the alleged occurrence
Patna High Court CR. MISC. No.13610 of 2023(3) dt.24-08-2023 2/3 and except self confession of the petitioner no consistent material has come out against the petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 27.06.2023 passed in Cr. Misc. No. 71543 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 15.07.2022.
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 Nawanagar P.S. Case No. 234 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, Buxar.
(Sunil Kumar Panwar, J) Manishkumar/- U T
Patna High Court CR. MISC. No.13610 of 2023(3) dt.24-08-2023 3/3