Krishna Murari @ Murari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.689 of 2021 Arising Out of PS. Case No.-47 Year-2017 Thana- MARANCHI District- Patna ====================================================== Krishna Murari @ Murari Son Of Sri Ram Sagar Singh Resident Of VillageMaranchi, Bhagat Tola, P.S.- Maranchi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Udbhav, Advocate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-03-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Maranchi P.S Case no. 47 of 2017 registered under sections 302, 201 and 34 of the Indian Penal Code.

As per allegation in the FIR, the son of the informant was called by accused Mukesh Singh and thereafter he did not return. It is stated by the informant that the petitioner herein as also accused Ram Kumar and Dani Kumar were present when she went to make enquiries from Mukesh Singh. It is further stated that two days prior to the occurrence the petitioner had threatened her son that he would kill him. She further states that

Patna High Court CR. MISC. No.689 of 2021(2) dt.18-03-2021 2/3 Ram Kumar and Dani Singh used to beat him up. It is submitted by learned counsel appearing for the petitioner that so far as the allegations in the FIR are concerned, only an unsubstantiated suspicion has been raised against the accused persons including the petitioner herein. Learned counsel further refers to the order of the learned Court below rejecting the application for bail of the petitioner and submits that the material which has transpired in course of investigation has been dealt with in detail. From the same it transpires that the name of the petitioner and others also came in the confessional statement of co-accused Subodh Kumar.

Admittedly there is no eye-witness to the occurrence and a number of co-accused namely Tuntun Kumar, Amod Kumar and Chandan Kumar have been enlarged on bail by different orders which have been brought on record as annexures to this bail petition. The petitioner is in custody since 20.9.2020, charge sheet has been submitted in the case and he has no criminal antecedent. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the contents of the order of the learned

Patna High Court CR. MISC. No.689 of 2021(2) dt.18-03-2021 3/3 Court below and charge sheet having been submitted in the case, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Maranchi P.S. Case no. 47 of 2017 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Barh.

(Partha Sarthy, J) Prakash/- U