Binod Saw @ Vinod Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17644 of 2023 Arising Out of PS. Case No.-474 Year-2022 Thana- MANER District- Patna ====================================================== Binod Saw @ Vinod Saw S/O- Late Lal Bahadur Saw Village- Rampur Diyara Ps- Maner Dist- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pathak For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2023 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

Patna High Court CR. MISC. No.17644 of 2023(4) dt.02-08-2023 2/3 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 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. Similarly situated co-accused has already been granted bail by this Court vide order dated 25.07.2023 passed in Cr. Misc. No. 13227 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 11.07.2022.

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

Patna High Court CR. MISC. No.17644 of 2023(4) dt.02-08-2023 3/3 Magistrate, Ist Class, Danapur, Patna.

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