Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16962 of 2023 Arising Out of PS. Case No.-445 Year-2022 Thana- SAHPUR District- Patna ====================================================== RAJESH KUMAR S/O MR. UMESH YADAV Resident of Village- Saraigadh Bhaptiyahi, P.S.- Bhaptiyahi, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 365 of the Indian Penal Code and later on added Sections 302, 201, 120B and 34 of the Indian Penal Code.

As per prosecution case, some unknown persons killed the son of the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. During investigation, the name of the petitioner has come into light, on the basis of confessional statement of co-accused Santosh

Patna High Court CR. MISC. No.16962 of 2023(3) dt.26-06-2023 2/2 Kumar Soni and on his instance, the dead body of the deceased recovered. There is no consistent evidence and no eye-witness to show petitioner has involved in the alleged occurrence. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 23.09.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Danapur in connection with Shahpur P.S. Case No. 445 of 2022.

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