Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48597 of 2023 Arising Out of PS. Case No.-189 Year-2022 Thana- ISUAPUR District- Saran ====================================================== SANJAY RAI SON OF LATE RAJENDRA RAI Resident of village - Atta Purab Tola, P.s. - Marhowrah, Distt. - Saran At Chapra ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 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 Sections 302, 201, 120B/34 of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner along with co-accused took away her husband for settling their dispute but after sometime, informant's husband did not return. Thereafter, the informant came to know that her husband was killed and his dead body was thrown near NH531. It is further alleged that the petitioner is indulged in hatching a conspiracy to kill the informant's husband in connivance with others.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There is no eye-witness

Patna High Court CR. MISC. No.48597 of 2023(4) dt.11-10-2023 2/2 of the alleged occurrence. Except self confessional statement and confessional statement of other co-accused, there is no any specific material has come against the petitioner to connect him with the alleged occurrence. On the basis of suspicion, petitioner has been implicated in the present case. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 21.07.2023 passed in Cr. Misc. No. 42562 of 2023. He is languishing in judicial custody since 19.01.2023.

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 Judicial Magistrate 1st Class, Saran in connection with Isuapur P.S. Case No. 189 of 2022. (Sunil Kumar Panwar, J) Arish/- U T