Pushpraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33540 of 2023 Arising Out of PS. Case No.-1092 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== PUSHPRAJ Son of Sri Satyanarayan Mahto Resident of village - Saunaha, Bakri, Pachrukhiya, P.S.- Gobardhana, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zainul Abedin For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 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.

It is alleged by the informant that the petitioner and co-accused Udit Kumar have killed the daughter of the informant.

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. The petitioner has been made accused in this case since the petitioner and the deceased were known to each other. During investigation, no material evidence has

Patna High Court CR. MISC. No.33540 of 2023(3) dt.29-08-2023 2/2 been collected against the petitioner to connect the petitioner with the present offence and the petitioner has been made accused only on the basis of suspicion. In fact, deceased committed suicide. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 21.08.2023 passed in Cr. Misc. No. 19427 of 2023. The petitioner is languishing in custody since 25.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned A.P.P appearing on behalf of the State 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, Bettiah, West Champaran in connection with Bettiah Muffasil Banuchhapar P.S. Case No. 1092 of 2022.

(Sunil Kumar Panwar, J) sushma/- U