Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44963 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== SAURAV KUMAR Son of Pappu Mandal Resident of Village - Vanshipur, P.S.- Kiul, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, informant is chaukidar and on getting information by local people about a female unidentified dead body was lying in a ditch between Vidyapeeth Chowk to Balupar. It appears that death was caused due to gunshot at her head and left hand by unknown person.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He is not named in the FIR. No one is the eye witness of the alleged occurrence. Only on the basis confessional statement of accused

Patna High Court CR. MISC. No.44963 of 2023(3) dt.10-08-2023 2/2 Sachin Kumar , the name of the petitioner dragged in the present case. There is no direct evidence against him. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 13.01.2023.

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

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Additional District and Sessions Judge 1st-cum-Special Judge, SC/ST, Lakhisarai in connection Lakhisarai PS Case No. 22 of 2023.

(Sunil Kumar Panwar, J) sushma/- U