Suraj Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62198 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- PARSA District- Saran ====================================================== Suraj Nut S/O Mila Nut R/O Village- Saguni, P.S.- Parsa, Dist. Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avnish Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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, 34 of the Indian Penal Code.

As per prosecution case, the allegation against the coaccused persons including some unknown miscreants is that they committed murder of the informant's brother Namely, Viru Kumar due to previous dispute.

Learned counsel for the petitioner submit that the petitioner is innocent and has committed no offence. He is not named in the F.I.R. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused Sonu Kumar Singh before the police, which has no evidentiary value in the eye of law. The informant is not an eye witness of the alleged

Patna High Court CR. MISC. No.62198 of 2023(2) dt.15-09-2023 2/2 occurrence and no specific overt-act levelled against the petitioner. It is further submitted that except confession of co-accused, no cogent material has come against the petitioner. Similarly situated other accused persons have already been enlarged on bail by this Court vide order dated 01.09.2023 passed in Cr. Misc. No. 58307 of 2023.The petitioner has got no criminal antecedent and he is languishing in judicial custody since 19.04.2023. 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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Parsa P.S. Case No. 93 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Saran, Chapra.

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