Naresh Kumar @ Naresh Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25735 of 2023 Arising Out of PS. Case No.-218 Year-2019 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== NARESH KUMAR @ NARESH BAITHA Son of Kishan Lal R/V- Jul Bhikanpur Partham @ Bhikanpur, PS- Mustafabad, Dist- Firozabad (u.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Durgawati P.S. Case No. 218 of 2019 registered for the offence under Sections 302/201/34 of the Indian Penal Code and late on added under Sections 396/412/120B of the IPC. The prosecution story in short is that on 04.08.2019 at about 7:30, the informant received an information that one

Patna High Court CR. MISC. No.25735 of 2023(2) dt.19-05-2023 2/3 dead body was thrown near Baruri. The informant reached at the place where the dead body was found and he saw that several persons were gathered there and one dead body there in the ditch. They have found that after cutting the neck from sharp cutting weapon, the dead body was thrown and no person has identified the dead body.

Learned counsel for the petitioner submits that the petitioner is in custody since 16.02.2023 and petitioner is quite innocent and he has been falsely been implicated in this case and the petitioner's name has come on the confessional statement of the co-accused and similarly situated co-accused has been granted bail by this court.

Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the period of custody and the fact that similarly situated co-accused has been granted bail, this application for regular bail is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Mohania, Kaimur at Bhabhu/concerned Court below in connection with Durgawati P.S. Case No. 218 of 2019.

Patna High Court CR. MISC. No.25735 of 2023(2) dt.19-05-2023 3/3 Both the bailors should be a close relative of the petitioner.

(Sandeep Kumar, J) Shishir/- U T