Patna High CourtCR. MISC./1066/2023allowed

Raju Kumar v. The State Of Bihar

2023-05-23Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1066 of 2023 Arising Out of PS. Case No.-246 Year-2022 Thana- KHAGAUL District- Patna ====================================================== Raju Kumar Son Of Late Mallick Rai @ Late Malik Rai R/O- New Mubarakpur, Chandmaari Road, P.S.- Shahpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder of the husband of the informant by unknown criminals. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.1066 of 2023(3) dt.23-05-2023 2/3 been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up during investigation. There is previous dispute between the parties and on the basis of that dispute, the petitioner, on suspicion has been roped in the present case. There is no consistent material evidence against the petitioner. There is no eye witness to the occurrence. The petitioner is languishing in custody since 21.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Danapur, Patna in connection with

Patna High Court CR. MISC. No.1066 of 2023(3) dt.23-05-2023 3/3 Khagaul P.S. Case No. 246 of 2022.

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