Karu @ Karu Rai @ Indrajeet @ Indrajit @ Indrajeet Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26621 of 2021 Arising Out of PS. Case No.-835 Year-2019 Thana- SONEPUR District- Saran ====================================================== KARU @ KARU RAI @ INDRAJEET @ INDRAJIT @ INDRAJEET RAI S/O BHUWAR RAI @ YOGENDRA RAI R/O VILLAGE CHAKAPSAID, P.S AND P.O-SONEPUR, DISTRICT-SARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Anand, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 201of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that he saw his brother in the company of the five persons named in the F.I.R. His brother proceeded with them telling the informant that he would return. The informant's brother did not return and on the next day his dead body was found.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. His name transpired

Patna High Court CR. MISC. No.26621 of 2021(4) dt.04-01-2022 2/2 much later in course of investigation. Referring to the supervision report of the Dy.S.P. in paragraph no. 37 of the case diary it is submitted that from perusal of the same it would be evident that a petition by way of protest was filed by the informant wherein the name of the petitioner was mentioned as an accused for the first time. The petitioner is in custody since 9.10.2020 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having been named in the F.I.R. and having remained in custody for over 1 year 2 months, the Court directs the petitioner to be enlarged on bail in connection with Sonepur P.S. Case no. 835 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran (Chapra).

(Partha Sarthy, J) Bibhash/- U