Balram Sah @ Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70740 of 2022 Arising Out of PS. Case No.-264 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== BALRAM SAH @ PRINCE KUMAR S/O Rajesh Prasad R/O MohallaRahamganj Ward No- 34, Naka No-6, P.S- Laheriasarai, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Jha For the Opposite Party/s :

Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner, leaned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, the informant alleged that her husband namely, Mukesh Kumar Mishra @Kanhaiya Mishra has been murdered by unknown miscreants. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case only on the basis of suspicion. From perusal of the impugned order, the name of the petitioner has been disclosed as one of the conspirators in the confession

Patna High Court CR. MISC. No.70740 of 2022(2) dt.28-02-2023 2/2 statement of the co-accused namely, Ganesh Manto, before the police, which has got no evidentiary value in the eye of laws. During investigation, nothing consistent material has come against the petitioner. It is further submitted that the petitioner has not been put on TI Parade till date. Moreover, the petitioner is languishing in judicial custody since 29.7.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

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 released on bail in connection with Laherisarai (Benta O.P.) P.S. Case No. 264 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga.

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