Roshan Kumar @ Roshan Sharma @ Raushan Kumar @ Raushan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68744 of 2021 Arising Out of PS. Case No.-181 Year-2021 Thana- BIHPUR District- Bhagalpur ====================================================== ROSHAN KUMAR @ ROSHAN SHARMA @ RAUSHAN KUMAR @ RAUSHAN SHARMA Son of Biranchi Sharma Resident of Village - Hario, P.S. Bihpur, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghwendra Pratap Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2022 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 302 and other ancillary sections of the Indian Penal Code. As per the prosecution case, this petitioner and other accused persons reached the house of the informant, abused her son, snatched his mobile phone and made enquiry about their sister who had fled away with some one. Same day after sometime son of the informant became traceless, thereafter his dead body was recovered from Khesaria Dhar.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. There is no eye witness of

Patna High Court CR. MISC. No.68744 of 2021(4) dt.25-04-2022 2/2 the occurrence. Even during investigation tower location of the petitioner's mobile phone has not been found sharing with other accused persons at the relevant time. Save and except suspicion, no substantive evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case. Petitioner has claimed clean antecedent and he is in custody since 21.7.2021. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge I, Naugachia Bhagalpur in Sessions Trial No. 495 of 2021.

(Prabhat Kumar Singh, J) Shashi U T