Junarbi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28112 of 2021 Arising Out of PS. Case No.-952 Year-2018 Thana- SONEPUR District- Saran ====================================================== JUNARBI RAI S/o Siyaram Rai R/o village- Minnik Tola, Krishi Form, P.S.- Sonepur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the State :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-02-2022 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 section 302, 201 and 34 of the Indian Penal Code.

As per the prosecution case, the husband of the informant was taken away by the four named accused persons including the petitioner herein and subsequently his dead body was found by the side of the river with fresh blood oozing. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only on the basis of an unsubstantiated suspicion raised by the informant. No material has transpired against the petitioner in course of investigation to connect him with the alleged crime.

Patna High Court CR. MISC. No.28112 of 2021(3) dt.11-02-2022 2/2 At best the case against the petitioner is one of last seen. In the postmortem report no external injury was found on the body and the same was in a decomposed condition. The petitioner is in custody since 23.10.2020 and has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation together with the petitioner having remained in custody for 1 year 3 months, the Court directs the petitioner to be enlarged on bail in connection with Sonepur P.S. Case no. 952 of 2018 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 C.J.M, Saran at Chapra.

(Partha Sarthy, J) Prakash/- U