Sachin Kumar @ Bareylal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73210 of 2023 Arising Out of PS. Case No.-182 Year-2023 Thana- ROH District- Nawada ====================================================== Sachin Kumar @ Bareylal S/O Late Sudhir Singh R/O Village- Ohari, P.SKadirganj, Distt.- Nawada. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sharma For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 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, 34 of the Indian Penal Code.

3. As per FIR, the allegation against four to five unknown miscreants is that due to previous dispute they after committing murder of the informant's father threw his dead body in an agriculture field.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of suspicion. The petitioner is not named in the FIR and there is no specific allegation

Patna High Court CR. MISC. No.73210 of 2023(3) dt.07-02-2024 2/2 levelled against him. During investigation, upon the confession of co-accused the petitioner was apprehended and upon confession of the alleged petitioner, one khanti was recovered from his house except this recovery no consistent evidence has been collected against the petitioner. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.05.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Roh P.S. Case No. 182 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-Ist Class, Nawada.

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