Raju Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60415 of 2022 Arising Out of PS. Case No.-168 Year-2019 Thana- BELSAND District- Sitamarhi ====================================================== Raju Kumar @ Raja Son Of Vaidhnath Mahto R/O Village- Kaura Bhim, P.S.- Parsauni, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Belsand P.S. Case No. 168 of 2019 registered under sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case in short is that all the FIR named accused persons had threatened to kill the son of the informant and on 07.11.2019, they committed murder of the informant's son due to land dispute.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to his previous antecedent. It is further submitted that the petitioner is not

Patna High Court CR. MISC. No.60415 of 2022(2) dt.08-02-2023 2/2 named in F.I.R rather the name of the petitioner came into light in this case during investigation. There is no eyewitness to the alleged occurrence nor any consistent evidence against the petitioner. Similarly situated other co-accused persons have already been granted bail by this co-ordinate Bench of this Court vide order dated 12.04.2022. in Cr. Misc. No. 53861 of 2021 and vide order dated 24.11.2021 in Cr Misc. No. 29936 of 2021 respectively. The petitioner is languishing in judicial custody since 14.02.2022.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Belsand P.S. Case No. 168 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi.

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