Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69672 of 2022 Arising Out of PS. Case No.-653 Year-2021 Thana- BIHTA District- Patna ====================================================== 1.

SUJEET KUMAR S/O LATE SATYENDRA MANJHI Resident of villageAdilpur Musahari, P.S.- Bihta, District- Patna. 2.

NAGENDRA MANJHI S/O LATE BHAGWAN MANJHI Resident of village- Adilpur Musahari, P.S.- Bihta, District- Patna. 3.

RUNNA DEVI W/O LATE SATYENDRA MANJHI Resident of villageAdilpur Musahari, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Arun Kumar For the Informant Mr. N.K. Agrawal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners have prayed for bail in a case registered for the offence punishable under sections but 302, 201, 120(B)/34 of the Indian Penal Code but initially the case was lodged u/s 363, 365 of the IPC.

As per allegation in the FIR, son of the informant went outside without saying anything to his family members. When he did not return to his house, a search was made and his dead body was found and then the FIR was lodged against unknown.

Patna High Court CR. MISC. No.69672 of 2022(3) dt.21-03-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. No one is eye witness of the alleged occurrence and there is no direct allegation of overt act against the petitioner. On the basis of confessional statement of accused Runa Devi, his name has been dragged in the present case. Save and except confessional statement, no other material has come against the petitioner to show his involvement in the present case. Similarly situated other accused person has already been enlarged on bail by different co-ordinate Bench of this case vide order dated 20.02.2023 passed in Cr. Misc. No. 57890 of 2022. Petitioners are languishing in judicial custody since 7.9.2021. 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 petitioners on bail. The above named petitioners are 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 Additional Sessions Judge-VI, Danapur, Patna in connection with S.T. No. 67 of 2022 arising out of Bihta Neora O.P. P.S.

Patna High Court CR. MISC. No.69672 of 2022(3) dt.21-03-2023 3/3 Case No. 653 of 2021.

(Sunil Kumar Panwar, J) sushma/- U