Raju @ Raju Kumar @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31633 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- KAUWAKOL District- Nawada ====================================================== Raju @ Raju Kumar @ Santosh Kumar Son Of Sri Umesh Yadav Resident Of Village - Rehari, P.S. - Dhamaul, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate : Ms. Vaishnavi Singh, Advocate : Mr. Ritwik Singh, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Kauakol (Rupo) P.S. Case No.128 of 2023 registered for the offence under Sections 302 and 201 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 05.03.2023.

The allegation against the petitioner is to commit murder of the father of informant alongwith other unknown coaccused persons by causing knife injury, on the neck of deceased as per F.I.R.

Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner has been falsely implicated

Patna High Court CR. MISC. No.31633 of 2023(3) dt.06-07-2023 2/3 in the present case out of suspicion and self-confession of petitioner, obtained during the course of investigation, where no substantial material recovered/surfaced. It is also submitted that as investigating agency found vehicle bearing registration no. BR 27 GA 2554 in the market, as per CCTV footage having otherwise no bearing over the merit, the petitioner falsely implicated in the present case. It is further submitted that petitioner is owner of the said vehicle and its presence near about the residence of the petitioner is very obvious. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as save and except suspicion, where informant is not the eye-witness of the occurrence, nothing recovered/surfaced during the course of investigation, which may connect this petitioner with the present occurrence of murder coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 05.03.2023, accordingly petitioner,

Patna High Court CR. MISC. No.31633 of 2023(3) dt.06-07-2023 3/3 above named, is directed to be released on bail in connection with Kauakol (Rupo) P.S. Case No.128 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

Presence of Investigating Officer of this case is dispensed with.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T