Karn Rajbhar @ Karan Rajbhar @ Sunil Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58431 of 2023 Arising Out of PS. Case No.-98 Year-2023 Thana- GUTHANI District- Siwan ====================================================== Karn Rajbhar @ Karan Rajbhar @ Sunil Rajbhar S/O Suman Rajbhar R/O Village- Deoria, P.S- Guthani, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder of the father of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.58431 of 2023(4) dt.09-01-2024 2/3 been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Udaybhan Kumar @ Mantu Rajbhar which has no evidentiary value in the eye of law. The specific accustion of shot fire is against Udaybhan Kumar, Ram Ekbal Rajbhar and Virendra Sharma, not against the petitioner. During investigation also, no consistent material evidence was collected against the petitioner to connect him with the present case. The petitioner is languishing in custody since 14.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.58431 of 2023(4) dt.09-01-2024 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate, 8th, Siwan in connection with Guthani P.S. Case No. 98 of 2023.

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