Deva Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62150 of 2022 Arising Out of PS. Case No.-60 Year-2022 Thana- NOORSARAI District- Nalanda ====================================================== Deva Kumar Son Of Sri Dharmendra Paswan R/V- Meyar, P.S.- Noor Sarai, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Mohan For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner, 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) of the Indian Penal Code. The prosecution case as per F.I.R. is that on 22.02.2022 at 8:00 A.M., informant's daughter went to market for learning computer works but she did not return back. On the very next day, informant knew about the killing of her daughter, namely, Soni Kumari by some unknown person and her dead body was found nearby a petrol pump.
Patna High Court CR. MISC. No.62150 of 2022(3) dt.10-04-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R. The informant is not the eye witness to the occurrence. There is no direct and consistent material evidence against the petitioner and only on the basis of confessional statement of co-accused, namely, Sarwan Kumar, the name of the petitioner came into light. The petitioner is languishing in custody since 30.04.2022. A statement has been made in para 3 of this petition that petitioner has no criminal antecedent.
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 each to the satisfaction of learned Additional Chief
Patna High Court CR. MISC. No.62150 of 2022(3) dt.10-04-2023 3/3 Judicial Magistrate-VII, Nalanda at Bihar Sharif in connection with Noor Sarai P.S. Case No. 60 of 2022. (Sunil Kumar Panwar, J) Ayush/- U T