Patna High CourtCR. MISC./65924/2023allowed

Pintu Rai v. The State Of Bihar

2024-01-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65924 of 2023 Arising Out of PS. Case No.-158 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== PINTU RAI Son of Thakur Ray R/o vill - Nilami Kothi Daultganj, Ratanpura, P.S. - Bhagwan Bazar, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 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, 201 and 34 of the Indian Penal Code.

3. Allegation against the accused persons including the petitioner is that they committed murder of the informant's son namely, Sundram Kumar Ojha with conspiracy.

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 merely on suspicion due to last seen. The F.I.R. has been lodged after the delay of two days without any cogent explanation. No one is the eye witness of the alleged

Patna High Court CR. MISC. No.65924 of 2023(3) dt.29-01-2024 2/2 occurrence. During course of investigation, no consistent evidence has come to suggest the involvement of the petitioner in the alleged occurrence. Only suspicion has been raised. Petitioner is languishing in judicial custody since 24.04.2023.

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 Additional Chief Judicial MagistrateI, Saran at Chapra in connection with Bhaagwan Bazar P.S. Case No.158 of 2023.

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