Unjay Kumar @ Chura v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31056 of 2023 Arising Out of PS. Case No.-558 Year-2022 Thana- BARUN District- Aurangabad ====================================================== Unjay Kumar @ Chura S/O Haridwar Singh R/O Village- Chura, P.S- Barun, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that this petitioner along with other F.I.R named accused persons came at the door of the informant and asked her husband to come with them for repairing of electricity connection but when her husband refused to go with them, this petitioner caught his hand and forcefully took him away. In the next morning, the dead body of the

Patna High Court CR. MISC. No.31056 of 2023(3) dt.17-07-2023 2/3 husband of the informant was found at west of Badhar under palm tree.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no eye witness to the occurrence. For the alleged occurrence of 22.12.2022, the F.I.R was registered on 23.12.2022 without explaining the delay. There is no specific accusation against the petitioner. During investigation also, no consistent material evidence was collected against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner is languishing in custody since 17.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 22.05.2023 passed in Cr. Misc. No. 21315 of 2023. Learned A.P.P appearing on behalf of the State

Patna High Court CR. MISC. No.31056 of 2023(3) dt.17-07-2023 3/3 has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 558 of 2022.

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