Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62252 of 2023 Arising Out of PS. Case No.-117 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Suraj Kumar S/O Late Brija Bhar Sah R/O Village- Bhusahula, Ps. Ara Muffasil, Dist. Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201, 120(B),34 of the Indian Penal Code. It is a case of commission of murder of the brother of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no eye witness to the occurrence and only on the basis of suspicion, the petitioner has been roped in the present case. The

Patna High Court CR. MISC. No.62252 of 2023(3) dt.13-12-2023 2/3 petitioner is the own son of the deceased and since the deceased had performed two marriages and there were some dispute with regard to distribution of landed properties, hence, on the basis of suspicion, he has been implicated in this case. During investigation also, no consistent material evidence was collected against the petitioner to connect him with the present case, except confession before the police, which has no evidentiary value in the eye of law. The petitioner is languishing in custody since 15.03.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.62252 of 2023(3) dt.13-12-2023 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Muffassil P.S. Case No. 117 of 2023.

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