Sujit Kumar Pandit @ Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59083 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- RAGHUNATHPUR District- Siwan ====================================================== SUJIT KUMAR PANDIT @ SUJIT KUMAR S/O SHYAMKISHOR PANDIT R/O VILLAGE- TARI, PS. RAGHUNATHPUR, DIST. SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302/34 of the IPC and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of firing upon the son of the informant leading to his death.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and it is a case of last seen. The name of the petitioner transpired in the instant case during course of investigation witness Raj Kumar Prasad has stated in vide para-13 of the case diary that

Patna High Court CR. MISC. No.59083 of 2023(3) dt.04-12-2023 2/2 the petitioner was seen in road going fastly on foot step near place of occurrence. There is no consistent evidence and no eyewitness of the alleged occurrence to show that the petitioner has involved in the present case. Only on the basis of suspicion, petitioner has implicated in the present case by the police. He is languishing in judicial custody since 15.02.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Siwan in connection with Raghunathpur P.S. Case No. 22 of 2023.

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