Rajesh Kumar Biswas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64410 of 2022 Arising Out of PS. Case No.-79 Year-2022 Thana- TARABARI District- Araria ====================================================== RAJESH KUMAR BISWAS Son of Late Laxmeshwar Biswas Resident of village - Baturbari, Ward No.- 08, P.S.- Tarabari, Dist.- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 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.
The allegation against the petitioner along with others is of killing the son of the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He submitted that the petitioner is not named in the FIR, only on the basis of confessional statement of co-accused Most. Jayanti Devi, the name of the petitioner has come into light. He further submitted that on the basis of suspicion the petitioner has been implicated
Patna High Court CR. MISC. No.64410 of 2022(3) dt.27-03-2023 2/2 in this case. There is no direct evidence, no specific evidence and no eye-witness to show that the petitioner has involved in the alleged occurrence. He has got no criminal antecedent as stated in para-3 of the bail application. It is further submitted that the petitioner is languishing in judicial custody since 27.08.2022.
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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tarabari P.S. Case No. 79 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Araria. (Sunil Kumar Panwar, J) Arish/- U T