Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61767 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Raju Kumar Son Of Ramanuj Singh @Ramanandan Singh Resident Of Village- Lal Diara, Ps- Piparia, Distt- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, while the informant/Chaukidar was patrolling in mohalla, he was informed by the villagers that a carcass of an unidentified lady is lying in a ditch. As per information given to him, he reached at the place of occurrence and found the dead body of a lady having two gun shot injuries on her head and hand.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He is not named in the F.I.R. No one is the eye witness of the alleged

Patna High Court CR. MISC. No.61767 of 2023(3) dt.13-12-2023 2/2 occurrence. Only on the basis of confessional statement of coaccused Sachin Kumar, the name of the petitioner dragged in this case. There is no direct evidence against him. During investigation, no consistent material has come againt the petitioner to show his complicity in the present case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The other co-accused namely, Saurav Kumar has already been granted bail by this Bench vide order dated 10.08.2023 passed in Cr.Misc. No. 44963 of 2023. Moreover, the petitioner is languishing in judicial custody since 13.01.2023.

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 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 Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No.22 of 2023.

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