Dharmveer Kumar@Dharmveer Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64233 of 2023 Arising Out of PS. Case No.-249 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== Dharmveer Kumar@Dharmveer Rai Son Of Shri Brahamdeo Ray Resident Of Village- Pakari, Ps- Mahua, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201 and 34 of the Indian Penal Code.

3. As per FIR, a female dead body has been recovered near canal situated at village Kashipur.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of one Shushila Devi before the police which has got no evidentiary value in the eye of law. Nothing consistent material has come against the petitioner rather only

Patna High Court CR. MISC. No.64233 of 2023(3) dt.03-11-2023 2/2 on the basis of suspicion, he has been dragged in this case. There is no eye witness of the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 10.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Rajapakar P.S. Case No. 249 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 Judicial Magistrate, 1st Class, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Shubham/- U T