Sajan Kumar @ Sajan Kumar Mochi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14756 of 2023 Arising Out of PS. Case No.-123 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== Sajan Kumar @ Sajan Kumar Mochi S/O Budhan Mochi Resident Of VillageAuraha, P.S.- Laukahi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Andhramath P.S. Case No. 123 of 2022 dated 29.07.2022 registered for the offences punishable under sections 302, 201 read with 34 of the Indian Penal Code.

As per the prosecution case, a dead body of female kept in the sack was found buried in the ditch which was recovered from the bank of Paachi river.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the

Patna High Court CR. MISC. No.14756 of 2023(2) dt.10-05-2023 2/2 petitioner has sprung up in the confessional statement of the coaccused Raushan Kumar Ram. There is nothing against the petitioner except the confessional statement. There is no eye witness to the alleged occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.08.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the recovered dead body was of Silam Kumari who was sister of the co-accused Raushan Kumar Ram.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jhanjharpur, Madhubani in connection with Andhramath P.S. Case No. 123 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T