Patna High CourtCR. MISC./34188/2023allowed

Raja Kumar @ Saurabh Kumar Singh v. The State Of Bihar

2023-07-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34188 of 2023 Arising Out of PS. Case No.-133 Year-2021 Thana- KHARHAGPUR District- Munger ====================================================== RAJA KUMAR @ SAURABH KUMAR SINGH son of Vinod Singh @ Vinod Kumar Singh Village- Rataitha (Muzzaffarganj) Ps- Haveli Kharagpur Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sevak Choudhary For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 363 of the Indian Penal Code but later on added Section 304 of the IPC.

3. As per prosecution case, some unknown miscreants kidnapped the husband of the informant, when he went for work in the filed with kudal.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. There is no consistent evidence and no eye-witness of the alleged

Patna High Court CR. MISC. No.34188 of 2023(3) dt.26-07-2023 2/2 occurrence to show that the petitioner has involved in the said occurrence. There is no specific overt act against the petitioner. He further submitted that from the perusal of the postmortem report, it appears that the deceased died due to electrocution, which is mentioned in para-15 of the case diary. He is languishing in judicial custody since 30.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Kharhagpur P.S. Case No. 133 of 2021.

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