Sonu Kumar @ Sonu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64212 of 2022 Arising Out of PS. Case No.-123 Year-2020 Thana- MAHNAR District- Vaishali ====================================================== SONU KUMAR @ SONU RAI S/O KAPAL RAI Resident of VillageSahadei Bujurga, P.S.- Desari, O.P. Sahadei, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navendu Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/201 of the Indian Penal Code.

As per prosecution case, the informant alleges that his wife Gita Devi went out from house but did not return till evening. Thereafter, her wife's dead body was recovered from near brick kiln of Mithlesh Rai. Further, the informant suspects that his wife was murder by piercing knife.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been made accused in the present case. During investigation, nothing has come against the petitioner except he was seen with the

Patna High Court CR. MISC. No.64212 of 2022(2) dt.21-02-2023 2/2 deceased on the alleged date of occurrence. The entire prosecution hinges around suspicion. It is further submitted that the petitioner has not put on TI Parade. Moreover, similarly situated co-accused namely, Rajeev Sahni has already been granted bail by a co-ordinate Bench of this Court vide order dated 28.10.2021 passed in Cr. Misc. No. 42517 of 2021. The petitioner has got no criminal antecedent. He is languishing in judicial custody since 27.5.2022.

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 Mahnar P.S. Case No. 123 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Xith, Vaishali at Hajipur.

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