Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2937 of 2023 Arising Out of PS. Case No.-26 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== Raj Kumar S/O Umesh Prasad Singh R/O Village- Fatehpur Wala, P.SMusarigharari, District- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 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 sections302/34 of the Indian Penal Code.

As per FIR, the allegation against the accused persons including this petitioner is that they committed murder of the informant's husband.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The informant is not an eye witness of the alleged occurrence and there is no specific allegation of committing murder attributed against the petitioner. It is

Patna High Court CR. MISC. No.2937 of 2023(4) dt.04-07-2023 2/2 further submitted that except suspicion nothing consistent evidence has been found against the petitioner. Similarly situated co-accused has already been granted bail by this Court vide order dated 27.03.2023 passed in Cr. Misc. No. 55370 of 2022. the petitioner is languishing in judicial custody since 27.06.2022.

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 Musarigharari P.S. Case No. 26 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 8th Additional District and Sessions Judge, Samastipur.

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