Suraj Kumar @ Bala Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70297 of 2023 Arising Out of PS. Case No.-846 Year-2022 Thana- MASAUDHI District- Patna ====================================================== SURAJ KUMAR @ BALA JEE son of Surydev Prasad Village- Bahadur Bigha Ps- Masaurhi Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code.

3. As per allegation in the FIR, informant's son namely Mukesh Kumar went to his agricultural land for irrigating his cultivated land but did not return. During search, it was found that his son was lying dead under the bridge in a water canal. Some unknown persons have committed murder of his son and thereafter with a view to wipe off the evidence, his dead-body was thrown under the bridge.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is

Patna High Court CR. MISC. No.70297 of 2023(4) dt.15-01-2024 2/2 the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner has been dragged in the present case. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Save and except confessional statement of coaccused Vikash Kumar in para 21 of the case diary, nothing has come against the petitioner. Co-accused Vikash Kumar has already been enlarged on bail by the court below. Petitioner is languishing in judicial custody for more than six months.

5. The application for bail is opposed by learned APP for the State.

6. 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 ACJM, Masaurhi in Patna in connection with Masaurhi P.S. Case No. 846 of 2022.

(Sunil Kumar Panwar, J) sushma/- U