Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38245 of 2019 Arising Out of PS. Case No.-296 Year-2018 Thana- BARURAJ District- Muzaffarpur ====================================================== ARUN KUMAR S/o Suresh Ram R/o village- Lakhansen, P.S.- Baruraj, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 363 and 302 of the Indian Penal Code. The prosecution allegation in short is that after quarrel, the wife of informant left the house and later her dead body was found.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 5.1.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confession of co-accused. There is no eye witness to the
Patna High Court CR. MISC. No.38245 of 2019(2) dt.02-07-2019 2/2 alleged occurrence. Except for this, there is no other substantive evidence to suggest his implication in the present case. Other co-accused has been granted bail vide Annexure-4 to the present application.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Muzaffarpur in connection with Baruraj P.S. Case No. 296 of 2018, G.R. No. 4144/2018. (Sudhir Singh, J) Pankaj/- U T