Sumit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41038 of 2023 Arising Out of PS. Case No.-906 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== Sumit Raj S/O Nonelal Singh Yadav @ Sonalal Singh Resident Of VillageBajeetpur, Mathiya Hankar, P. S. Karpi, Distt. Arwal ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Upendra Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302, 34 of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner is that he and co-accused persons after committing murder of the informant's brother hanged him from a fan.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of suspicion. The informant is not an eye witness of the alleged occurrence and there is no specific allegation levelled against the petitioner. As per Para-8 of the bail petition, it appears that the informant's brother

Patna High Court CR. MISC. No.41038 of 2023(4) dt.16-10-2023 2/2 committed suicide due to money problem. During investigation not a single witness has supported the prosecution version and no consistent material has come out against the petitioner. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.04.2023.

5. Learned counsel for the petitioner submitted that as per Progress Report, which has been received on 26.08.2023, it appears that the trial is not likely to be concluded in near future.

6. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jehanabad P.S. Case No. 906 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad.

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