Bhola Nat @ Maula Nat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9454 of 2023 Arising Out of PS. Case No.-633 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== MUKESH NAT Son of Lalan Nat R/v- Saraiya, P.S.- Krishangarh (Barhara), District- Bhojpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 17327 of 2023 Arising Out of PS. Case No.-633 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== Bhola Nat @ Maula Nat Son Of Late Yamuna Nat R/O Village- Saraiya, Nat Toli, P.S.- Barhara (Krishnagarh O.P.), District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 9454 of 2023) For the Petitioner/s :
Mr.Ajay Kumar Singh For the Opposite Party/s :
Mr.Md. Matloob Rab (In CRIMINAL MISCELLANEOUS No. 17327 of 2023) For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek regular bail in connection with Barhara P.S. Case No. 633 of 2022 registered for the offence under Sections 120(B), 302, 201/34 of the Indian Penal Code. As per allegation in the FIR is that on 30.8.2022 at about 7:00 P.M, the co-villager of the informant namely, Somaru Nat called away Neeraj Kumar, grandson of the informant from
Patna High Court CR. MISC. No.9454 of 2023(3) dt.16-05-2023 2/3 house but till late night, informant's grandson could not return. In the morning of 31.8.2022, the informant came to know that his grandson was murdered by slit his neck near the brick-kiln. It is further alleged that the petitioner is indulged in hatching conspiracy to kill the informant's grandson in connivance with others.
Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. There is no any eye witness of the alleged occurrence rather the informant made the petitioners as accused in this case only on the basis of suspicion. The petitioners are only alleged to make conspiracy in the commission of murder but during course of investigation no any consistent material has come on record to show the complicity of the petitioners in the alleged occurrence. Moreover, similarly situated co-accused namely, Sadhu Nat has already been granted bail by a co-ordinate Bench of this Court vide order dated 2.5.2023 passed in Cr. Misc. No. 7674 of 2023. It is further submitted that the petitioners are languishing in judicial custody for more than eight months. Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.9454 of 2023(3) dt.16-05-2023 3/3 considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Barhara P.S. Case No. 633 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 Chief Judicial Magistrate, Bhojpur at Ara.
(Sunil Kumar Panwar, J) Amandeep/- U T