Raj Kamal @ Bhuar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82023 of 2023 Arising Out of PS. Case No.-175 Year-2020 Thana- JALALPUR District- Saran ====================================================== RAJ KAMAL @ BHUAR KUMAR SON OF KRISHNA KUNWAR R/O VILLAGE- HARIHARPUR, P.S.- BANIYAPUR, DISTRICT- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udai Shankar Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 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, 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that son of the informant went to visit his pond, but he did not return. Then search was made, but he could not be found out. Later on, the dead body of his son was found in the pond and it is suspected that his son has been killed by pressing his neck by the petitioner along with others.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.82023 of 2023(3) dt.19-03-2024 2/2 falsely been implicated in this case because of the past animosity. Only suspicion has been raised against the petitioner and no any consistent material has brought on record to connect him with the alleged occurrence. Similarly situated co-accused Sanjeev Kumar has already been enlarged on bail by a coordinate Bench of this court order dt. 25.8.2022 passed in Cr. Misc. No. 9546 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 12.6.2023.

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 Jalalpur P.S. Case No. 175 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., XIII, Saran at Chhapra.

(Sunil Kumar Panwar, J) Amandeep/- U T