Patna High CourtCR. MISC./32535/2023allowed

Ajay Turi v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32535 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- BARIYARPUR District- Munger ====================================================== AJAY TURI S/O-BHOGAN TURI R/o-Banwarsha, P.o-Bariarpur, P.s.- Bariarpur, Distt.-Munger ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

3. It is a case of commission of murder of the informant's son namely, Kanhaiya Kumar by the accused persons including the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The informant is not the eye witness to the alleged occurrence. The petitioner has no concern with alleged occurrence. He has been falsely implicated in this case only on the basis suspicion and during investigation in para 33

Patna High Court CR. MISC. No.32535 of 2023(5) dt.09-01-2024 2/2 of the case diary, one witness Mohan Kumar Paswan stated about the complicity of petitioner that the petitioner along with other accused persons assaulted to the deceased which is general and omnibus allegation. This evidence not corroborated by the other witnesses. Petitioner is languishing in judicial custody since 13.01.2023.

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

6. 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 Chief Judicial Magistrate, Munger in connection with Bariarpur P.S. Case No 158 of 2022. (Sunil Kumar Panwar, J) lata/- U T