Binod Naiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65214 of 2022 Arising Out of PS. Case No.-53 Year-2020 Thana- JHAJHA District- Jamui ====================================================== BINOD NAIYA Son of Badri Naiya R/v- Parsakura P.S.- Jhajha, DistrictJamui ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Prasad For the Opposite Party/s :
Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under section 302, 201/34 of the Indian Penal Code.
As per allegation in the FIR, husband of the informant went for walk with co-accused Sanjay Naiya and the petitioner but he did not return. In course of search, his dead body has been recovered from Kubari forest, hidden in a ditch of dirty water. Informant has strong suspicion that accused persons in connivance with the petitioner has killed her husband. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is eye witness of the occurrence. Except suspicion, there is no
Patna High Court CR. MISC. No.65214 of 2022(2) dt.25-02-2023 2/2 other material which suggest the involvement of the petitioner in the present case. Similarly situated three accused persons have already been granted regular bail by diffent Bench of this Court vide order dated 5.5.2022 passed in Cr. Misc. No. 56915 of 2021. Petitioner is languishing in judicial custody since 25.05.2022.
The application for bail is opposed by learned APP for the State.
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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Jamui in connection with Jhajha P.S. Case No. 53 of 2020. (Sunil Kumar Panwar, J) sushma/- U