Somaru Nat @ Samaru Nat @ Somaru Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53998 of 2023 Arising Out of PS. Case No.-633 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== SOMARU NAT @ SAMARU NAT @ SOMARU NAT S/O BHOLA NAT @ MAULA NAT R/O VILLAGE- SARIYA NAT TOLY, PS. BARAHARA, DIST. BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Jee Mishra For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Barhara (Krishnagarh) P.S. Case No. 633 of 2022 registered for the offence under Sections 120(B), 302, 201/34 of the Indian Penal Code.

As per allegation in the FIR is that on 30.8.2022 at about 7:00 P.M, the petitioner called away Neeraj Kumar, grandson of the informant from house but till late night, informant's grandson could not return. In the morning of 31.8.2022, the informant came to know that his grandson was murdered by slit his neck near the brick-kiln. Thereafter, the informant lodged an F.I.R. against the petitioner including seven

Patna High Court CR. MISC. No.53998 of 2023(3) dt.07-11-2023 2/3 other persons.

Learned counsel for the petitioners submits that the petitioner is innocent and has committed no offence. There is no any eye witness of the alleged occurrence rather the informant made the petitioner as accused in this case only on the basis of suspicion. The only allegation against the petitioner is that he called upon the deceased and next day his dead body was found but during course of investigation no any consistent material has come on record to show the complicity of the petitioner in the alleged occurrence. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The other co-accused namely, Sadhu Nat has already been granted bail by this Bench vide order dated 2.5.2023 passed in Cr. Misc. No. 7674 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 28.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with

Patna High Court CR. MISC. No.53998 of 2023(3) dt.07-11-2023 3/3 Barhara (Krishnagarh) P.S. Case No. 633 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, Bhojpur at Ara.

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