Subodh Muni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1012 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- GOGRI District- Khagaria ====================================================== SUBODH MUNI Son of Kailash Muni R/v- Auta, P.S.- Gogari, DistrictKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201 of the Indian Penal Code.

As per prosecution case, on 14.7.2022 the informant found the dead body of his wife beside the road in the filed. Later on police was informed. Further, the informant alleged that earlier to the alleged occurrence, the petitioner had threatened the victim and his family members. Thereafter, the informant raised suspicion and lodged this case.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no eye witness of the alleged occurrence. During course of investigation, no any consistent material has come against the petitioner regarding

Patna High Court CR. MISC. No.1012 of 2023(4) dt.19-07-2023 2/2 commission of murder of the deceased. It is also evident vide para3 of the supplementary affidavit that the informant of the present case namely, Naresh Muni has been examined during trial by the prosecution who has clearly stated in para-12 of the deposition that he has not seen the alleged occurrence and only on the basis of suspicion, he lodged the case against the petitioner. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. Moreover, he is languishing in judicial custody since 26.7.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 Gogari P.S. Case No. 186 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, Khagaria.

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