Navlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30145 of 2022 Arising Out of PS. Case No.-144 Year-2020 Thana- TELHARA District- Nalanda ====================================================== Navlesh Kumar Son Of Ram Swarup Mahto, Resident Of Village - Telhara, Koriyari Tola, Police Stationj- Telhara, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-12-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Telhara P.S. Case No. 144 of 2020 lodged under Sections 302 and 201/34 of the I.P.C.

As per prosecution case, the allegation of killing the son of informant has been made against the petitioner along with 2 other persons.

Learned counsel for the petitioner submits that from the content of F.I.R., it transpires that there is no eye-witness of the said offence and name of the petitioner has come by virtue

Patna High Court CR. MISC. No.30145 of 2022(5) dt.07-12-2022 2/3 of suspicion only. Counsel further submits that the case diary has been called for and except suspicion, there is nothing present in the entire case diary. He further submits that antecedent of the petitioner is clean, he is in custody since 05.04.2022 and charge sheet has already been filed in this case. He further submits that one other co-accused has already been granted bail by the Co-ordinate Bench of this Court vide order dated 27.07.2021 passed in Cr. Misc. No. 16811 of 2021. Learned counsel for the State vehemently opposes the prayer for bail and submits that it has come in the investigation that there was a relation between deceased with the petitioner's wife and only due to this reason, this event has taken place, except this suspicion there is no other material available in case diary.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateI, Hilsa, Nalanda in connection with Telhara P.S. Case No. 144 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

Patna High Court CR. MISC. No.30145 of 2022(5) dt.07-12-2022 3/3 With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T