Raju Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72184 of 2021 Arising Out of PS. Case No.-105 Year-2021 Thana- PARSA District- Saran ====================================================== Raju Nut Son of Dhuna Khalifa @ Dhuna Nut Resident of Village - Poraee, P.S.- Dariyapur, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rajani Kumari For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-03-2022 Heard both parties.

The petitioner seeks bail in Parsa P.S. Case No. 105 of 2021, registered for the offence punishable under Sections 302, 120(B) of the Indian Penal Code and section 27 of the Arms Act.

As per prosecution case, two FIR named accused persons shot dead the daughter of informant.

It is submitted on behalf of petitioner that petitioner is not named in the FIR. Name of petitioner has come in this on the basis of confessional statement of co-accused Suchindra Rai who stated that this petitioner was one of the conspirators and no specific overt act has been alleged against him. Informant who claims to be eye-witness of the occurrence has specifically alleged that co-accused Upendra Rai and Satyendra Rai shot

Patna High Court CR. MISC. No.72184 of 2021(2) dt.10-03-2022 2/2 dead the daughter of informant and has not whispered about petitioner. Petitioner is only alleged to be conspirator and no specific overt act has been alleged against him. Similarly situated co-accused has been granted bail by this Court vide order dated 22.02.2022 passed in Cr. Misc. No. 64318 of 2021. Petitioner is in custody since 03.08.2021. Investigation is complete.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IX, Saran at Chapra in connection with Parsa P.S. Case No. 105 of 2021. (Prabhat Kumar Singh, J) vinita/- U T