Umesh Ray @ Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13227 of 2023 Arising Out of PS. Case No.-474 Year-2022 Thana- MANER District- Patna ====================================================== Umesh Ray @ Umesh Kumar Son Of Jata Ray @ Jatadhari Rai R/O Vill.- Prem Tola, P.S.- Maner, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2023 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, 34 of the Indian Penal Code.

As per prosecution case, the informant alleged that the accused persons including the petitioner have committed murder of his father.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The informant is not an eye witness of the alleged occurrence and merely on the basis of suspicion the petitioner has falsely been implicated in this case. The F.I.R. has been lodged after delay of three days without given any cogent

Patna High Court CR. MISC. No.13227 of 2023(4) dt.25-07-2023 2/2 reason. There is no specific allegation of overt-act levelled against the petitioner and except suspicion nothing consistent material has come out against him. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 09.09.2022.

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 Maner P.S. Case No. 474 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 Judicial Magistrate, Ist Class, Danapur, Patna.

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