Suman Saurabh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57099 of 2021 Arising Out of PS. Case No.-838 Year-2017 Thana- MOTIHARI TOWN District- East Champaran ====================================================== SUMAN SAURABH Son of Rakesh Jha Resident of Village- Telhara Kala, P.S.- Kundwa Chainpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302, 120(B), 34 of the Indian Penal Code and u/s 27 of Arms Act.

As per the prosecution case, on 25.11.2017 at about 10.15 AM the informant received a call and was informed that his son had been shot dead. Thereafter, the informant is said to have gone at the place of occurrence and brought his son in injured condition to the hospital where the son of informant died. It has been alleged by the informant that his son was murdered on account of political rivalry.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner

Patna High Court CR. MISC. No.57099 of 2021(2) dt.31-01-2022 2/2 has come in this case during the course of investigation on the basis of CCTV footage. It is submitted that even the CCTV footage would show that face of the accused person is covered. Similarly situated co-accused Cigarate Singh, who had also been identified on the basis of CCTV footage, has already been granted bail by a co-ordinate Bench of this court vide order dated 27.07.2021 passed in Cr. Misc. No. 40378/2020. Petitioner is in custody since 03.07.2020 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Motihari Town PS case No.838/2017.

(Prabhat Kumar Singh, J) BKS/- U T