Rudal Basfore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19214 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.

Rudal Basfore Son Of Late Moti Basfore R/O Village- Risaura, P.S.- Maharajganj, District- Siwan 2.

Kudal Basfore Son Of Late Jaga Basfore @ Suga Basfore R/O VillageRisaura, P.S.- Maharajganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 302, 201, 120(B), 34 of the Indian Penal Code.

As per prosecution case, the informant's brother had gone from his house to guard the fishes at night. In the morning, when the son of the deceased went to the spot, he found his father dead and his head was buried in the mud. It is further alleged that there is dispute regarding motorcycle between the deceased and petitioners. Informant has strong belief that petitioners have killed his brother due to previous enmity.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.19214 of 2023(2) dt.18-05-2023 2/2 petitioners are innocent and have committed no offence. They falsely been implicated in this case merely on suspicion. There is no eye witness of the alleged occurrence. There is no specific allegation of overt act against the petitioners. During investigation, no any cogent material has found against the petitioners which show their complicity in the alleged offence. They have got no criminal antecedent. Moreover, the petitioners are languishing in judicial custody since 16.06.2022. Learned APP appearing for the state and learned counsel for the informant have 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 period of custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Maharajganj P.S. Case No. 186 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Siwan. (Sunil Kumar Panwar, J) nirajkrs/lata/- U T